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2019 Supreme(Online)(Chh) 500

CHHATTISGARH HIGH COURT
Prashant Kumar Mishra, J
The appellant is a company incorporated under the provisions of the Companies Act, 1956. – Appellant
Versus
Municipal Corporation – Respondent


Advocates:
For the Appellants/Petitioners: Senior Counsel
For the Respondents: Counsel

1. The appellant is a company incorporated under the provisions of the Companies Act, 1956. It is situated within the territorial jurisdiction of Municipal Corporation, Korba, Chhattisgarh. The appellant filed writ petition challenging legality, validity and propriety of the resolution passed by respondent No. 3 - Municipal Corporation for the financial year 2017-2018, whereby respondent No. 3 treating buildings height of more than the normal buildings as a building of special category and treated them as a multiple floors building. Every 16 feet of the height of a building was to be treated as one floor. Based on the resolution, a demand of Rs.24,79,91,502/- by issuing a bill dated 05/08/2017 and a demand of Rs.2,50,68,491/- by way of bill dated 05/08/2017 was raised against Balco Captive Power Plant, Jamnipali, District Korba, Chhattisgarh.

2. The learned single Judge dismissed the writ petition taking into consideration the provisions of S.132, S.135, S.136, and 138 of the Chhattisgarh Municipal Corporation Act, 1956 (hereinafter referred to as 'the Act of 1956') as well as considering the Chhattisgarh Municipality (Determination of Annual Letting Value of Building / Lands) Rul

































































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