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Judgment
Ravi Krishan Kapur, J
The Court : This matter has appeared as an old matter and appearing in the warning list. This writ petition has been filed by a lessee in respect of
premises no. 4B, Chowrangee place. The writ petitioner has challenged a notice dated 2nd December, 2013. By the impugned notice, the KMC
Authority had demanded a sum of Rs. 20 crores approximately as one time lease premium for 99 years of lease being enjoyed by the petitioner. This
notice is assailed in this proceeding. It is submitted on behalf of the petitioner that the notice has been passed without considering a Government
notification dated 20th February, 2006 (appearing at page no. 20 in the writ petition). By the said notification the Government had clarified that certain
institutions would get a concession of one-time rate. There is no other ground urged by the petitioner. Mr. Rahul Karmakar, Advocate appearing on
behalf of the petitioner specifically submits that this is the sole and only ground in filing the instant petition.
Counsel on behalf of the Kolkata Municipal Corporation submits that a sum of more than Rs.70 crores is due and payable in respect of the said
premises and this is the amount required for renewal of the lease. He further submits that the petitioner is simply procrastinating the matter and there
is no serious effort on the part of the petitioner in making payment of the entire dues payable to the Corporation. He submits that the notification dated
20th February, 2006 is not at all applicable in the facts and circumstances of the instant case. The said notification deals with institution for imparting
education to engineering, medical and other professional faculties. He further submits that the Notification can have no application at all to the facts
and circumstances of the instant case.
I have perused the petition and the facts and circumstances mentioned therein, I am of the view that there is no merit in this writ petition and the same
has been simply filed to stultify the execution proceedings initiated by the Corporation. In any event, I am of the view that this petition is ill motivated
and has been filed in abuse of the process of this Hon’ble Court. The petitioner is admittedly enjoying a valuable property in a prime location in
Calcutta without making payment of the dues payable to the Corporation. I am of the view that the impugned notice dated 2nd November, 2013 does
not call for any interference by this Court. The Notification relied on by the petitioner affords no protection whatsoever to the petitioner. The petitioner
cannot take advantage of the said Notification. The same is inapplicable and inappropriate to the facts of the instant case. WP 997 of 2015 is
dismissed.
However, there will be no order as to costs.
The Corporation is directed to take expeditious steps in accordance with law.