- (1.) This writ application is filed by the Board of Trustees for the Port of Kolkata challenging the action on the part of the Kolkata Municipal Corporation to collect car-parking fees from the public roads lying and situated in the following places: [a] Passage between Canning Warehouse and Strand Warehouse; [b] Armenian Ghat Street from Armenian Ghat to Mallick Pumping Station, Kolkata; [c] Adya Shradya Ghat Cross Road, Kolkata; [d] P.C. Tagore Ghat Cross Road, Kolkata.
(2.) According to the petitioner, Board of Trustees for the Port of Kolkata is the owner of the land lying and situated in a portion of the left bank of river Hooghly in Kolkata and butted and bounded as follows, that is say, on the North by Ahiritola Ghat, on the east by Strand Road, on the south by Chandpal Ghat and on the west by the river Hooghly. According to the petitioner, the public roads lying and situated on the plots of land mentioned hereinabove are within the area, which is owned and possessed by the petitioner. The Kolkata Municipal Corporation has been collecting car-parking fees for parking of cars on the roads lying and situated at the area mentioned hereinabove. As a result, the Land Manager of the petitioner sent a communication dated May 12/13, 2004 to the respondent No.4 requesting him to stop collection of parking fees from the aforesaid area. But the Kolkata Municipal Corporation did not pay any heed to the same. Hence, this writ application.
(3.) Reliance is placed on behalf of the petitioner on a judgement dated March 18, 2005 delivered in W.P. No.20 of 2005 [Board of Trustees for the Port of Calcutta vs. Kolkata Municipal Corporation & Ors.] in which the issue of collecting car parking fees for parking of cars on the roads lying and situated at the adjacent area by the Kolkata Municipal Corporation has already been decided in favour of the petitioner.;