GHANASHYAM DAS Vs. THE KOLKATA MUNICIPAL CORPORATION
LAWS(CAL)-2014-7-81
HIGH COURT OF CALCUTTA
Decided on July 25,2014

GHANASHYAM DAS,Shila Das Appellant
VERSUS
HOWRAH MUNICIPAL CORPORATION,The Kolkata Municipal Corporation Respondents

JUDGEMENT

- (1.) In the writ petitions, being W.P. 14557 (W) of 2012, W.P. 934 (W) of 2014, W.P. 3583 (W) of 2014, W.P. 6960 (W) of 2014 and W.P. 8951 (W) of 2014, the petitioners have prayed for direction upon the Kolkata Municipal Corporation (in short 'KMC') and in W.P. 7871 (W) of 2014 upon the Howrah Municipal Corporation ('HMC' in short) to demolish constructions found to be illegal and directed to be retained or regularised upon payment of fees, principally on the ground that the provisions contained in the Kolkata Municipal Corporation Act, 1980 (hereinafter referred to as '1980 KMC Act') and the Howrah Municipal Corporation Act, 1980 (hereinafter referred to as the '1980 HMC Act') do not confer jurisdiction on the respective adjudicating authorities to pass such orders.
(2.) In the writ petition, being W.P. 3508 (W) of 2014 and in W.P. 251 of 2014 the petitioners have principally challenged the imposition of fees or charges for retaining or regularisation of the unauthorized construction on the ground that it is not permissible under the 1980 KMC Act.
(3.) In my view, as the issues are common, matters were heard analogously.;


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