The main legal point established is that the Kolkata Municipal Corporation has the obligation to define the external limit of a Bustee and put necessary boundaries, as per the relevant provisions of the Kolkata Municipal Corporation Act.

JUDGMENT

Aniruddha Roy, J. - Facts:-

1. Premises Nos. 22, 24, and 26 Nandalal Bose Lane, Kolkata-700003 altogether measuring an area of about 2 bighas 12 cottahs and 1 chittak, originally belonged to Sri. Bata Krishna Pal. By virtue of a decree dated February 18, 1955 passed by this Hon'ble Court in a partition suit the properties had vested in favour of several family decedents of the said Bata Krishna Pal and/or successors in interest.

2. The writ petitioners are the present co-owners of the said premises nos.22, 24 and 26 Nandalal Bose Lane, Kolkata-700003 with the Municipal Assessee Nos. 5007230005, 110072300300 and 110072300324 respectively.

3. Premises No.22 Nandalal Bose Lane, Kolkata-700003 had been declared and earmarked as 'Bustee' land by the Kolkata Municipal Corporation (for short, KMC). At all material time the Municipal Rate Cards had been issued describing the said premises as Bustee land, Annexure P-3 to the writ petition.

4. In respect of Premises No.24 Nandalal Bose Lane, Kolkata-700003. The KMC had raised the rate bills and property tax bill for the year 2016-17, Annexure P-4 to the writ petition.

5. In respect of Premises No.26 Nandalal Bose Lane, Kolkata-700003. The KMC had also raised this rate bills for the year 2016-17, Annexure P-5 to the writ petition.

6. The petitioners through its letter dated August 20, 2018 made representation, Annexure P-6 to the writ petition, asking the KMC to segregate all the said three premises individually by specifying their respective areas and to demarcate them accordingly. Since the KMC had failed to do so the petitioners through its advocate's letter dated October 05, 2018 further asked the KMC to demarcate the said three premises.

7. Since the respondent Corporation Authority failed to demarcate the said three premises individually by their respective municipal premises number, the petitioners filed the instant writ petition, inter alia, praying for the following reliefs:-

'a) A Writ in the nature of Mandamus may be issued commanding the respondent Authorities to indicate the demarcation of the 'Bustee' land, being premises No.22, Nandalal Bose Lane, Kolkata-700003 within the Police Station- Shyampukur;

b) A Writ in the nature of Mandamus may be used commanding the respondent Authorities to demarcate the area of premises No.24, Nandalal Bose Lane, Kolkata-700003 within the Police Station-Shyampukur on the basis of which the Annual Valuation has been made;

c) A Writ in the nature of Mandamus may be issued commanding the respondent Authorities to demarcate the area of premises No.26 Nandalal Bose Lane, Kolkata-700003 within the Police Station-Shyampukur;

d) Mandamus directing the respondents to assess the compensation for vesting payable to your petitioner in terms of Section 449 of the Kolkata Municipal Corporation Act, 1980;

e) Rule NISI in terms of prayers (a) to (c) above;

f) Ad-interim order directing the respondent Authorities to immediately issue intimation to the petitioners showing the correct area of premises Nos. 22, 24 and 26, Nandalal Bose Lane, Kolkata-700003 within the Police Station- Shyampukur within such time to this Hon'ble Court may deem fit and proper;

g) Costs of and/or incidental charges to this application be paid by the respondents;

h) Such further or other order or orders be made and/or direction or directions be given as to this Hon'ble Court may deem fit and proper'.

8. Pursuant to the direction made by this Court, the parties had filed and exchanged their respective affidavits.

9. The parties had also filed their respective written notes.

Submission:-

10. Mr. Adhip Chandra Kar, Learned Counsel appearing for the writ petitioner drew attention of this Court to Annexure P-3 to the writ petition and submitted that, from the said consolidated rate card through which the corporation raised its demand for payment of taxes in respect of premises no.22 was shown to be and classified as Bustee. The assessee number was mentioned as 5007230005.

11. Referring to Section 2 (