I.P. MUKERJI, J.

APO No.344 of 2009

1. The issues involved in these appeals are about imposition and recovery of drainage development fee by the Kolkata Municipal Corporation (hereinafter “the appellant Corporation”), on sanction of building plans by them. The respondents (hereinafter “the respondent writ petitioners” and referring to the writ petitioner company only) herein filed a writ application in this court (WP 2332 of 2003) against inter alia the appellant Corporation seeking quashing of the decision imposing this fee. The respondent writ petitioner also claimed refund of a sum of Rs.22,08,178/- paid by them in this behalf for the building numbered as E/1, Circular Garden Reach Road, Kolkata- 24.

2. The learned single Judge in delivering the impugned judgment on 17th November, 2009 felt himself bound by the judgment of a division bench of this court made on 14th May, 2007 in the case of Asian Leather Limited and Anr. v. Kolkata Municipal Corporation and Ors. reported in 2007 (3) CHN 476. In that judgment of this court presided over by Mr. Justice Bhaskar Bhattacharya had quashed the circular making this demand and directed refund of the fee paid by the appellants befo