Altamas Kabir
Shree Mahamaya Mining & Industries (P) Ltd. – Appellant
Versus
Calcutta Municipal Corporation – Respondent
Altamas Kabir, J.
A point of considerable interest has been raised in these four writ applications which have been taken up for disposal together as they involve common questions of law and the facts are also similar in nature.
2. In all these four cases, the petitioners acquired the respective premises owned by them by purchase at different points of time and a common challenge has been thrown to the vires of clause (i) of sub-so (2) of s. 180 of the Calcutta Municipal Corporation Act, 1980, hereinafter referred to as "the 1980 Act".
3. In the case of Shree Mahamaya Mining and Industries Pvt. Ltd., the petitioner company appears to have purchased premises No. 28, Hindustan Road, Calcutta, on 21st September, 1991, at a consideration of Rs. 58, 00,000/-. According to the petitioners, at the time of purchase of the said property there was an existing structure with foundation and construction upto plinth level with R.C.C. pillars upto the ground floor roof level. At the time of purchase, the existing Annual Valuation of the premises was Rs. 7,030/-, which was in effect from the third quarter of 1983-84.
4. On 11th August, 1983, the petitioners were served with a notice by the Ca
D.G. Gouse & Co. (Agents) Pvt. Ltd., vs. State of Kerala & Anr., AIR 1980 SC 271
K.T. Moopil Nair vs. State of Kerala, AIR 1961 SC 552
P. Bhubaneswaria vs. State of Mysore, AIR 1965 Mys 170
Dewan Daulat Rai Kapoor vs. New Delhi Municipal Committee & Anr., AIR 1980 SC 541
Dr. Balbir Singh vs. Municipal Corporation of Delhi, AIR 1985 SC 339
Corporation of Calcutta vs. East India Commercial Co. Pvt. Ltd. AIR 1982 Cal 479
Shiela Kaushish vs. The Commissioner of Income Tax, Delhi, AIR 1981 SC 1729
Khada vs. C.I.T., Delhi II, AIR 1982 SC 16
Morvi Municipality vs. State of Gujarat & Ors., AIR 1993 SC 1508
Union of India vs. Harbhajan Singh Dhillon, AIR 1972 SC 1061
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