LAWS(CAL)-2011-2-73

SABRA KHATOON Vs. KOLKATA MUNICIPAL CORPORATION

Decided On February 25, 2011
SABRA KHATOON Appellant
V/S
KOLKATA MUNICIPAL CORPORATION Respondents

JUDGEMENT

(1.) CHALLENGE is to the order dated April 21, 2009 passed by the learned Municipal Assessment Tribunal, First Bench, Kolkata Municipal Corporation in Appeal No.2172 of 2007. The appellant has preferred this application contending, inter alia, that he entered into an agreement for sale of a flat with M/s. Shrachi Leathertex Private Limited Company at premises no.23, Marquis Street under Police Station " New Market as per terms and conditions of the agreement executed between them. Amongst other clauses, the petitioner was to get the said flat bearing no.5F having an area of 1044 square feet. At the time of getting possession, the petitioner noticed that she got the flat with an area of 762 square feet instead of 1044 square feet as per agreement. Since she got less area she took appropriate steps before the Consumer Forum.

(2.) IN the meantime, the Assessor Collector (South), opposite party no.2 herein, assessed the annual valuation of the said flat to the tune of Rs.47,660/-. The petitioner raised a dispute. The Hearing Officer took up the matter and he determined the annual valuation of Rs.31,760/- with effect from third quarter of 2002- 03. Being aggrieved, he filed the misc. appeal which was disposed of by the impugned order holding the annual valuation as Rs.23,820/-. The petitioner was not satisfied with such determination and then she filed this revisional application. Now, the question is whether the judgment and order under challenge should be sustained.

(3.) SUCH exercise must be done within a period of four months from the date of communication of this order. This application is disposed of in the manner indicated above.