Naveen Agarwal And ORS. v. State Of West Bengal And ORS.

25.06.2024.

PB Sl. No.19.

Ct. No.15.

WPA 6059 of 2024 Naveen Agarwal & Ors.

Vs The State of West Bengal & Ors.

Mr. Aryak Dutt, Mr. Dipankar Das, Ms. S. S. Yasmin, Ms. Sudipa Nandi.

... For the Petitioners.

Mr. Sk. Md. Galib, Ms. Ashmita Ghosh.

.......for the State.

Mr. Sirsanya Bandopadhyay, Mr. Tirthankar Dey, Mr. Arka Kr. Nag.

.......for the BMC.

The petitioners are the flat owners in respect of premises no.4, Mahisbathan, Sarderpara, Salt Lake. The petitioners asked for mutation of relevant assessment records of Bidhannagar Municipal Corporation by incorporating their names.

The corporation by a letter dated December 5, 2023, intimated the petitioners that it imposed the following charges for mutation of the assessment record:- "......(a) Mutation fees @ Rs.200/- (Rupees two hundred only), (b) Processing fees @ Rs.100/- (Rupees

one hundred only), (c) Levy of surcharge as per Section 133 of the West Bengal Municipal Corporation Act, 2006 @ 0.8% (point eight per cent) of Market Value as mentioned in the deed of any immovable property (Rate decided by Board of Councillors of Bidhannagar Municipal Corporation)......."

The petitioners have made a representation dated December 28, 2023, before the Bidhannagar Municipal Corporation seeking exemption of the aforesaid fees/levy for mutation.

Learned advocate appearing for the petitioner submits that the said representation has not yet been considered by the Corporation.

In view of the aforesaid, I dispose of the writ petition with a direction upon the Commissioner, Bidhannagar Municipal Corporation to consider the representation dated December 28, 2023 in accordance with law and pass a reasoned order within a period of one month from the date of communication of this order.

The Commissioner, if necessary, shall hear the representative of the petitioners.

(Kausik Chanda, J.)