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2017 Supreme(Cal) 716

SAMAPTI CHATTERJEE
RDB Realty & Infrastructure Ltd. – Appellant
Versus
Uttarpara Kotrung Municipality – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Saktinath Mukherjee, Saptangshu Basu, Debashish Kundu, Raghunath Ghosh, Rajendra Nath Barik
For the Respondents: Dipak Mukherjee

JUDGMENT :

Samapti Chatterjee, J.

1. The issues to be determined in the present writ petition are :-

"(i) Whether the concerned municipal authority has any power under West Bengal Municipal Act to issue the impugned order dated 1st October, 2013 thereby directing the petitioners to stop work on the dictate and mandate of Kotrung Municipal Corporation ?

(ii) Whether the Kolkata Municipal Corporation being a different statutory body under separate acts could dictate the Uttarpara Kotrung Municipality to restrain the petitioner from carrying on the construction work when admittedly the Uttarpara Kotrung Municipality is governed by West Bengal Municipal Act and not by Kolkata Municipal Corporation Act?"

2. The petitioners' case in a nutshell is as follows :-

"The petitioner purchased the first plot of land measuring about 10 Bighas and 6 Chataks situated at various plot numbers Khatian numbers in Mouza Matrung Uttarpara under Uttarpara Kotrung Municipality by virtue of a deed of conveyance dated 26th June, 2006 from the vendors mentioned therein. Subsequently, the land was mutated by the












































































































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