The central legal point established in the judgment is that the Municipal Commissioner has the authority to verify the title of the applicant for amalgamation and to insist on clearance from statutory authorities as per Section 178(4) of the Kolkata Municipal Corporation Act, 1980.

JUDGMENT

1. The writ petitioners are aggrieved by an order dated 21st December, 2017 passed by the Municipal Commissioner rejecting their prayer for Amalgamation of two premises purchased by them from this Court in its Ordinary Original Civil Jurisdiction.

2. The impugned order came to be passed pursuant to a judgement by another Co-ordinate Bench dated 30th August, 2017 in W.P. No. 1218 of 2014 (Shelter Projects Ltd. & Anr. vs. The Kolkata Municipal Corporation & Ors.) , setting aside an earlier order passed by the Kolkata Municipal Corporation Act, 1980, refusing the petitioners prayer for Amalgamation of the said two premises.

3. The brief facts relevant to the instant case are that premises no.8, Suresh Chandra Banerjee Road, formerly known as Beliaghata Main Road and the land of premises no.1/1, K.G. Bose Sarani, formerly known as Talpukur Road, Kolkata - 700 010, were purchased by the petitioner no.2 in a suit for partition between family members, as confined by the High Court in separate proceedings.

4. Prior to the application for Amendment, the two premises were mutated in favour of the petitioner no.2 under orders passed by the Kolkata Municipal Corporation. An earlier application for amalgamation of the two premises was rejected and the rejection was challenged before this Court. The last order rejecting the views of Kolkata Municipal Corporation was challenged in W.P. No. 1218 of 2014 (supra). In the said decision a Co- ordinate Bench of this Court had, inter alia, held that 'the objections of the KMC based on which the order on the rejection was passed were not sustainable in law.'

5. It was held by the Co-ordinate Bench that amalgamation does not change the physical nature and character of the properties. It was also held that it is irrelevant as to whether disputes existed in the properties or that the boundaries of the properties have not been clearly drawn. It was also held that amalgamation does not decide title to the property. The Co- ordinate Bench also held that the existence of common pathways inside the two properties, would not have any bearing on the amalgamation. Other reasons of the KMC were also rejected by reference to the meaning of the word 'Amalgamation' in Blacks Law Dictionary. In substance it was held by the Co-ordinate Bench that Amalgamation of a premises under Sections 178 (2) and 178(3) of the KMC Act would only be relevant for the purpose of taxation and not for any other purpose.

6. A fresh order has been passed by the Municipal Commissioner pursuant to the demand for consideration afresh, passed by the Coordinate Bench, in its order dated 30th August, 2017 (supra).

7. In the impugned order that was passed, by the Municipal Commissioner himself, the only ground urged by the Commissioner, for rejecting the prayer for amalgamation is absence of clearance from the Urban Land Ceiling Authorities.

8. Mr. Bikash Ranjan Bhattacharya, learned Senior Counsel appearing for the petitioners would submit that while it is true that the Urban Land Ceiling Act, 1976 has been repealed by the Central Government, the States within the Union have been granted liberty to continue operation of the said Act, as per their choice. The State of West Bengal has continued the operation of the said 1976 Act within the State. He would go on to submit that since urban land ceiling clearance is only relevant at the time of sanction of plan, the Municipal Commissioner had exceeded his jurisdiction in asking for such clearance at the time of consideration of amalgamation of the said properties.

9. This Court has heard Mr. Bikash Ranjan Bhattacharya at length as also Mr. Ashok Kr. Banerjee, learned Senior Advocate appearing for the KMC over a period of two days.

10. The power of mutation and amalgamation of premises numbers are conferred on the KMC, in respect of premises, falling within its defined Municipal area. Mutation or amalgamation admittedly does not confer any title to the persons applying for it. The same is r