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IN THE HIGH COURT AT CALCUTTA
RAJA BASU CHOWDHURY
Mukta Lall Shaw – Appellant
Versus
Kolkata Municipal Corporation – Respondent
JUDGMENT :
RAJA BASU CHOWDHURY, J.
1. Challenging the order passed by the Municipal Commissioner dated 4th August, 2025 in terms of Section 192 of the Kolkata Municipal Corporation Act 1980 (hereinafter referred to as ‘the said Act’), the instant writ petition has been filed. The petitioners have also sought for consequential reliefs.
2. The petitioners’ case proceeds on the premise that by a registered indenture dated 17th January, 1942, one Birendra Kumar Shaw, since deceased, had purchased from the National Life Insurance Company Limited, all that land admeasuring 1 Bigha, 11 Cottah 8 Chittaks and 41 Sq. Ft. being premises no.20 Park Street, formerly known as premises no.4 Park Street, Kolkata. Later, the aforesaid premises was subdivided into 10 premises, which were renumbered as 20A, 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20J and 20K, Park Street, Kolkata together with partly four storeyed, partly two storeyed and partly one storeyed buildings built and erected thereon. By passage of time, the petitioners claim to have acquired the interest in respect of the premises no.20G, Park Street, Kolkata – 700 016 along with a G+5 storeyed building and are recorded owners in respect thereof,
Municipal authority must act within jurisdiction and statutory mandates during property valuation revisions; arbitrary actions are subject to judicial scrutiny.
The court established that annual property valuations must be based on market conditions and statutory guidelines, with clear reasoning required for any modifications.
The main legal point established in the judgment is the importance of adhering to statutory procedures and providing adequate reasons for decisions in matters concerning annual valuation for municipa....
The main legal point established in the judgment is that the violation of principles of natural justice and non-compliance with statutory provisions can lead to the setting aside of assessment orders....
The main legal point established in the judgment is that the acceptance of annual valuation by the petitioners and their authorized representative, followed by a request for further waiver, indicated....
Court rules that valuation assessments must reflect actual rental expectations and conditions, affirming Tribunal's authority to adjust arbitrary figures while emphasizing tenant agreements.
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