S.B.SINHA, MARKANDEY KATJU
Bidhannagar (Salt Lake) Welfare Association – Appellant
Versus
Central Valuation Board. – Respondent
JUDGMENT
S.B. SINHA, J. —
1.Validity or otherwise of certain provisions of the West Bengal Central Valuation Board (Amendment) Act, 1994 (for short “the Amendment Act”) is in question in these appeals which arise out of a judgment and order dated 24.12.2003 passed by a Division Bench of the High Court of Calcutta dismissing the writ petition filed by the appellant herein and, thus, upholding the impugned provisions thereof.
2.Members of the appellant association are occupiers of lands and buildings situated within the territorial limits of the Bidhannagar Municipality. Annual valuation of lands and buildings for the purpose of assessment of municipal tax indisputably is governed by the provisions of the West Bengal Municipal Act, 1993 (for short “the Municipal Act”). In terms of Section 110 thereof, the annual valuation of lands and buildings is required to be determined by the Central Valuation Board (for short “the Board”). The Board was established under the provisions of the West Bengal Central Valuation Board Act, 1978 (for short “the 1978 Act”).
3.Valuation of the holdings used to be governed by Sections 10, 11 and 12 of the 1978 Act. Before we embark upon a detailed analysis
Union of India & Anr. etc. vs. Tulsiram Patel etc. AIR 1985 SC 1416 – Relied upon. (Para 41)
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