LAWS(CAL)-2007-3-44

BOARD OF COUNCILLORS BHATPARA MUNICIPALITY Vs. CESC LTD

Decided On March 21, 2007
BOARD OF COUNCILLORS, BHATPARA MUNICIPALITY Appellant
V/S
CESC LTD Respondents

JUDGEMENT

(1.) This appeal is arising out of an order passed by the Hon'ble First Court on October 8, 2002 in the writ petition when His Lordship was pleased to hold that both the authorities below erred in law in holding that the proposal of construction of switching-cum-substation by the writ petitioners/ respondent herein falls within the ambit of "commercial use".

(2.) His Lordship was pleased to set aside the said orders and directed the Bhatpara Municipality (hereinafter referred to as "the said Municipality") to mutate the names of CESC Ltd. upon payment of the mutation fees and the charge for conversion of the use of land from "agriculture to industrial one" at the rate fixed by the West Bengal Municipal Act.

(3.) Being aggrieved by the said order passed by the Hon'ble First Court the appellant preferred this appeal.