I.P. Mukerji, J. - (1.) Apo No.344 of 2009 The issues involved in these appeals are about imposition and recovery of drainage development fee by the Kolkata Municipal Corporation (hereinafter "the appellant Corporation"), on sanction of building plans by them. The respondents (hereinafter "the respondent writ petitioners" and referring to the writ petitioner company only) herein filed a writ application in this court (WP 2332 of 2003) against inter alia the appellant Corporation seeking quashing of the decision imposing this fee. The respondent writ petitioner also claimed refund of a sum of Rs.22,08,178/- paid by them in this behalf for the building numbered as E/1, Circular Garden Reach Road, Kolkata- 24.
(2.) The learned single Judge in delivering the impugned judgment on 17th November, 2009 felt himself bound by the judgement of a division bench of this court made on 14th May, 2007 in the case of Asian Leather Limited and Anr. v. Kolkata Municipal Corporation and Ors., 2007 3 CalHN 476. In that judgement of this court presided over by Mr. Justice Bhaskar Bhattacharya had quashed the circular making this demand and directed refund of the fee paid by the appellants before that Court. Following this judgment, by the said impugned judgement dated 17th November, 2009 this court directed refund of the sum of Rs. 22,08,172 by the appellant Corporation to the respondent petitioner within eight weeks of communication of the order.
(3.) The Kolkata Municipal Corporation appeals to us against this judgement.;