SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(Cal) 585

DEBANGSU BASAK
Jayanta Ray – Appellant
Versus
Kolkata Municipal Corporation – Respondent


Advocates Appeared:
Subir Sanyal, Biswajit Mukherjee, Swapan Debnath, Tanushree Das, Alok Kumar Ghosh, S.T. Mina, N. Pal, Advocates.

JUDGMENT :

Two writ petitions have been taken up for analogous hearing as they involve the same immovable property. In WP No. 10159 (W) of 2009, which is referred to as the first writ petition for the sake of convenience, the petitioner has challenged the notice dated March 16, 2004 issued under Section 17 A of the West Bengal Inland Fisheries Act, 1984 as amended in 1993 and the decision dated February 2, 2009 of the second respondent. In WP No. 9635 (W) of 2016, which is referred to as the second writ petition for the sake of convenience, the petitioner has called upon the first respondent to provide water supply to the immovable property concerned.

2. Learned advocate appearing for the petitioner has submitted that, the impugned decision dated February 2, 2009 is without jurisdiction. By such decision, the authorities found a particular immovable property to be a water body governed under the provisions of the Act of 1984 as amended in 1993. He has submitted that, the impugned order was passed by the Kolkata Municipal Commissioner. According to him, Kolkata Municipal Commissioner is not the competent authority under Section 17 A of the Act of 1993. He has referred to the notificat

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top