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2003 Supreme(SC) 795

M.B.SHAH, D.M.DHARMADHIKARI
Calcutta Gujrat Education Society s – Appellant
Versus
Calcutta Municipal Corporation – Respondent


JUDGMENT

Dharmadhikari, J.-The present appeal along with other connected appeals is on the question of validity and proper interpretation of impugned provisions of Calcutta Municipal Corporation Act 1980 (hereinafter referred to as the Act for short), which are contained in Part IV Chapter XII under the Heading "Powers of Taxation and Fixation of Consolidated Rates".

2. The three Judges Special Bench of the High Court of Calcutta on a reference made by the Division Bench of the said Court, on the validity and interpretation of the impugned provisions of the Act relating to taxes on property has delivered a common judgment in different Writ Petitions, which has been assailed by tenants, sub-tenants and landlords by separate appeals which are being decided by this common judgment. It is not in dispute that the State Legislature is competent to make a law conferring authority on the local bodies to impose property tax to generate revenue for providing civic amenities like supply of water, drainage, sewerage, collection, removal and disposal of solid waste, fire prevention and fire safety, maintenance of streets and public places and other allied services in the municipal areas where





























































































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