KOLKATA MUNICIPAL CORPORATION & ANR.versusBIMAL KUMAR SHAH & ORS
2024 INSC 435416 May 2024Dismissed
The Kolkata Municipal Corporation claimed it had acquired the land of Bimal Kumar Shah under Section 352 of the Kolkata Municipal Corporation Act, 1980, which it argued gave it power to acquire land for streets and parks. The High Court held that Section 352 does not confer a power of compulsory acquisition and set asi…
M/S POPAT & KOTECHA PROPERTY & ORS.versusASHIM KUMAR DEY
2018 INSC 6809 August 2018Appeal(s) allowed
The landlord filed an eviction suit under the West Bengal Premises Tenancy Act, 1997, alleging that the tenant defaulted on his share of municipal taxes assessed under the Kolkata Municipal Corporation Act, 1980. The tenancy agreement of 1991 had incorporated municipal taxes into rent, but the 2001 amendment to the 199…
DIPAK KUMAR MUKHERJEEversusKOLKATA MUNICIPAL CORPORATION AND OTHERS
2012 INSC 4588 October 2012Appeal(s) allowed
The appellant, Dipak Kumar Mukherjee, challenged the illegal construction of a multi‑storeyed building by respondent No.7 (a construction company) that exceeded the two‑storey plan sanctioned under the Kolkata Municipal Corporation Act, 1980. Despite a stop‑work notice and a demolition order passed by the Mayor‑in‑Coun…
TRUST ESTATE KHIMJI KESHAWJI & ANRversusTHE KOLKATA MUNICIPAL CORPORATION & ORS.
2023 INSC 6095 July 2023Appeal(s) allowed
The appellant, a trust owning a six‑storey building, was served a notice under Sections 238 and 271 of the Kolkata Municipal Corporation Act, 1980, alleging that it was using domestic water for non‑domestic purposes without permission. The notice was addressed only to the owner and did not specify the alleged violation…
EIH LIMITEDversusNADIAVIRJI
2022 INSC 7741 August 2022Dismissed
The landlord (EIH Ltd.) and tenant (Nadia A. Virji) entered into a tenancy agreement for a commercial showroom with a fixed rent of Rs 10,000 per month, while the tenant also agreed to pay municipal taxes separately. The landlord terminated the tenancy under Section 106 of the Transfer of Property Act and filed an evic…