ASHA ARORA,J. - (1.) The appeal preferred by Kolkata Municipal Corporation and its Municipal Commissioner arises out of a judgement and order dated 1st April, 2016 passed by a learned Single Judge in W. P. No.734 of 2009 (Merlin Developers & Ors. Vs. Kolkata Municipal Corporation & Ors.). By the said judgement and order, the writ petition was allowed as follows :-
(2.) The Writ Petition is therefore allowed and the demand for an amount of Rs.18,83,300/- conveyed in the respondent's letter dated 22.06.2009 (Annexure-9) is found to be untenable. The respondents are now directed to give the External Sanction and permanent connection of the petitioner's House Drainage without insisting for any payment in advance. The charges thus to be incurred shall of course, be recoverable from the petitioner at a later stage after the relevant regulations are framed and operationalised, since admittedly Section 393 protects the Corporation's right to recover such charges with retrospective effect."
(3.) In the present application, the learned counsel appearing on behalf of the respondent no.1/writ petitioner submits that without prejudice to his client's rights and contentions in respect of the pending appeal and the application for stay, they are willing to deposit a sum of Rs.18,83,300/- as contained in the letter of demand dated 22nd June, 2009, so that during the pendency of the appeal, permanent connection for house drainage is provided by the Corporation authorities in favour of the respondent no.1.;