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2004 Supreme(Cal) 590

SOUMITRA PAL
ASHWIN PROPERTIES PVT. LTD – Appellant
Versus
CALCUTTA MUNICIPAL CORPORATION – Respondent


( 1 ) THE petitioner No. 1, being the owner of the premises No. 11, pollock Street, Calcutta was served with a notice having No. 000013 dated 24. 4. 2000 under sections 238 and 271 of the Calcutta Municipal Corporation act, 1980 (for short "the Act") intimating as water supplied for domestic purpose was being used for purposes other than domestic, the petitioner should desist forthwith from such use of water for any purpose other than domestic purpose as it was in contravention of section 238 of the Act, failing which water connection would be cut off or turned off under section 275 (1) (C) of the Act without any further reference. By letter dated 27. 4. 2000 the petitioner replied to the said letter intimating that the premises is wholly tenanted having offices therein, tenants do not use water for manufacturing purpose, no manufacturing work is done and water is not used for gardens or washing animals. It was stated water was not used for any commercial purpose as envisaged under section 238 of the Act and contravention of the provisions of the said section was denied. Request was made to withdraw the notice dated 24. 4. 2000.

( 2 ) THEREAFTER the Corporation issued another noti






















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