- (1.) The Municipal Authority disconnected the supply of water to the petitioner's premises at No.2. Garstin Place, Kolkata-700 001, by invoking its jurisdiction under section 275(1)(aa) of the Kolkata Municipal Corporation Act. 1980, for non-payment of the rates and taxes of the said premises. The provision contained in section 275(1)(aa) of the Kolkata Municipal Corporation Act has already been declared as ultra vires by Justice Bhaskar Bhattacharya in the case of Neelambar Finevest Pvt. Ltd. & Ors. vs. Kolkata Municipal Corporation & Ors. reported in 2003(1) CHN 253. Admittedly, the supply of water was disconnected on 29th November, 2005 after the said provision was declared as ultra vires by His Lordship.
(2.) Mr. Das Adhikary, learned Senior Advocate appearing for the petitioner, submits that the said judgment of Justice Bhattacharya has already been appealed against and an interim order of stay of the judgment of Justice Bhattacharya was passed in the said appeal, being APOT No. 25 of 2003.
(3.) Heard the learned Advocates of the parties. Considered the materials on record.;