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2014 Supreme(Cal) 562

SOUMITRA PAL
Indus Towers Limited – Appellant
Versus
Kolkata Municipal Corporation – Respondent


Advocates Appeared:
Jishnu Saha, L.K. Gupta, Senior Advocates, Atish Ghosh, Arindam Chandra, Souvik Ghosh, Aloke Kumar Ghosh, S. Chowdhury, S. Ghosh, S. Banerjee, Chayan Gupta, D. Bhattacharyay, N.D. Chowdhury, Ashoke Kumar Banerjee, Learned Government Pleader, Biswajit Mukherjee, Piyali Sengupta, Abhrajit Mitra, Senior Advocate, Arindam Banerjee, Rajesh Upadhyay, Dilip Chatterjee, Sourabh Bagaria, Tapan Kumar Mukherjee, Learned Additional Government Pleader, Nilatpal Chatterjee, Bidyut Banerjee, Senior Advocate, Municipality Sheila Sarkar, Advocates.

JUDGMENT

SOUMITRA PAL, J.

In the writ petitions, in the Original Side, being W.P. 11 of 2013, W.P. 420 of 2013 and W.P. 388 of 2014, companies engaged in raising infrastructure for mobile telecommunication or mobile operators, the petitioner no.1, the employees of the companies, the petitioner no.2 and the petitioner no.3, the owners of the premises whereupon towers have been installed, have, inter alia, prayed for a declaration that a mobile tower is not a building which can be subject to property tax within the meaning of Kolkata Municipal Corporation Act, 1980 (for short 1980 Act) due to installation of mobile towers (hereinafter referred to as towers) falling under the jurisdiction of the Kolkata Municipal Corporation (KMC for short) as it is illegal and without the authority of law or legislative competence. Reliefs sought for are to cancel the supplementary bills, rate cards and assessments slips issued with regard to payment of property tax and to restrain the authorities from imposing any property tax at a higher rate or on a higher assessment of annual valuation for installation of tower on the premises concerned. It is to be noted that in W.P. 339 of 2014, the son of the


















































































































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