Harish Tandon, J. - (1.) The Kolkata Municipal Corporation is vehemently resisting the writ petition filed by the petitioner challenging an order dated 26th July 2017 passed by the Chief Manager (Market), Kolkata Municipal Corporation, in the following manner: "It is, therefore, ordered that: A) Mr. Zaid Alam must immediately hand over vacant and peaceful possession of the stall to Superintendent (Hogg Market). B) M/s. Jayagriha Nirman Pvt. Ltd. must pay a penalty equal to 50 times the present lease rent against the stall for the unauthorized subletting of the stall. C) Proposal for mutation of the stall in favour of the transferee Rehana Azher Siddique subject to payment of applicable fees/charges be put up by Superintendent (Hogg Market)."
(2.) An interpretation is sought to be given to several provisions of the Kolkata Municipal Corporation Act, 1980 (hereinafter referred to as 'said Act') in support of the contention that the Municipal Corporation enjoins unfettered and inchoate right to summarily remove any person, who contravenes any of the provisions of the said Act. A shelter has been taken under Section 427 of the said Act and interpretation is sought to be made to the language employed therein that any person occupying the municipal market can be thrown out therefrom if he contravenes the provisions of the Act.
(3.) Before proceeding to deal with the submissions advanced on the aforesaid provision, it would be apposite and profitable to quote Section 427 of the said Act, which reads thus: "427. Use of municipal markets.-(1) No person shall, without the general or special permission in writing of the Municipal Commissioner, sell or expose for sale any animal or article in any municipal market. (2) Any person contravening the provisions of sub-section (1), an any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Municipal Commissioner by a Police Officer or any officer or employee of the Corporation authorized by the Municipal Commissioner in this behalf.";