Kolkata Municipal
Corp.& Ors. Vs. Kerbs & CIE (I) Ltd.& Ors. [2009] INSC 78 (16
January 2009)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO. 272 OF 2009 (Arising out of S.L.P.(C)
No.9743/2007) Kolkata Municipal Corp. & Ors. ...Appellant(s) Versus KERBS
& CIE (I) Ltd. & Ors. ...Respondent(s) CIVIL APPEAL NOS.273 & 274
OF 2009 (Arising out of S.L.P.(C) No.9805 & 9809 of 2007) ORDER Leave
granted.
From the impugned
judgment of the Division Bench of the Calcutta High Court affirming the
decision of the learned Single Judge, these appeals are filed by the Kolkata
Municipal Corporation. The learned Single Judge has struck down Section
275(1)(aa) of the Kolkata Municipal Corporation Act, 1980. Against the said
decision, number of Writ Appeals were filed by the Corporation. It appears from
the impugned decision that at one stage, the matter stood adjourned on the
ground that the State had agreed to amend the law. However, that did not
materialize. By a cryptic order, the Division Bench has stated that they have
perused the judgment and they did not find any scope for interference in the
order of the learned Single Judge.
We are of the view
that in matters involving constitutionality, it would not be open for the High
Court to dismiss Writ Appeals on such cryptic grounds.
..2/- -2- In the
circumstances, we set aside the impugned judgment of the Division Bench and we
restore A.P.O.No.233 of 2003 and other Appeals to the file of the Kolkata High
Court. We direct the High Court to expeditiously hear and dispose of the said
appeals in accordance with law.
At this stage,
learned counsel appearing for the Corporation states that the Corporation prays
for stay of the judgment given by the learned Single Judge. We cannot grant
such a prayer particularly when we are setting aside the impugned order passed
by the Division Bench. However, it would be open to the Corporation to move the
Division Bench in the pending Appeals for interim relief, if so advised.
Civil Appeals are,
accordingly, allowed with no order as to costs.
...................J.
(S.H. KAPADIA)
...................J.
(AFTAB ALAM)
New
Delhi,
January
16, 2009.
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