"Municipality Cannot Infringe Civil Rights Of Persons For Purpose Of Levying Taxes": Calcutta High Court

The Calcutta High Court has orally remarked that municipalities cannot infringe on the civil rights of others in order to levy taxes for its purpose.

Justice Tirthankar Ghosh was hearing a case where the petitioner claimed their home was being obstructed due to the construction of an advertisement hoarding by persons living in their building. 

Counsel for the state responded to the plea, stating that it was a private dispute between the petitioner and respondent. However, the court stated: "Private dispute how? Blocking windows and verandahs and you (municipality) are earning, it is a private dispute? Some civil rights should also be restored and seen. Municipality cannot for the purpose of taxes infringe on the rights of others. Their consent should so be obtained. They are affected. If municipality says they are not affected, I will not do anything."

The court explained to the petitioner's counsel, that the relevant municipality needed to be added as a party to the writ petition since the police would not be able to take steps since permission would have to be obtained for construction of a billboard. It was stated that even if the party had obtained such permission surreptitiously, the municipality would have charged a fee for the same, and hence needed to be made party to the proceedings.

Case: PUBALI CHOWDHURY AND ANR. VS THE STATE OF WEST BENGAL AND ORS.

Case No: WPA/27085/2024