Site icon Raw Law

Calcutta High Court sets aside Kolkata Municipal Corporation’s property tax demand against auction purchaser, holding no liability for pre-purchase arrears without notice and directs immediate mutation of property in buyer’s name despite municipality’s objections on unpaid prior dues

property tax
Share this article

Court’s Decision

The Calcutta High Court allowed the writ petition, quashing the Kolkata Municipal Corporation’s demand notices for property tax arrears for the period 2003–2011 raised against an auction purchaser of a property sold through official liquidation proceedings. It held that the buyer could not be made liable for pre-purchase dues without prior notice, particularly where the Official Liquidator had settled adjudicated claims with the corporation, which were accepted unconditionally. The Court directed the corporation to immediately mutate the property in the petitioner’s name within four weeks, subject only to payment of property tax accruing post-purchase.


Facts

A property at 35, Acharya Prafulla Chandra Road, Kolkata, originally owned by a company in liquidation, was sold in a court-supervised auction, with the sale confirmed in May 2017 and a deed of conveyance executed in March 2019 in the petitioner’s favour. The petitioner sought mutation but was denied on grounds of pending arrears from 2003 to 2011 amounting to over Rs. 59 lakhs. The Official Liquidator had earlier adjudicated KMC’s claims at Rs. 19.13 lakhs for earlier periods, which were paid and accepted without objection. The petitioner challenged the demand, arguing non-liability for pre-purchase arrears where no notice of dues was provided prior to purchase.


Issues


Petitioner’s Arguments

The petitioner argued that:


Respondent’s Arguments

KMC argued that:


Analysis of the Law

The Court examined:


Precedent Analysis

The Court relied upon:


Court’s Reasoning

The Court found:


Conclusion

The High Court:


Implications


Referred Cases and Relevance


FAQs

Q1: Can an auction purchaser be held liable for prior municipal tax dues?
No, unless there was actual or constructive notice of dues before purchase, the purchaser is not liable.

Q2: Can KMC refuse mutation citing pre-purchase arrears?
No, mutation cannot be denied if the dues relate to a period before purchase without prior notice.

Q3: Does payment by the Official Liquidator bar further municipal claims?
Yes, payment and acceptance of adjudicated claims by the Official Liquidator without protest preclude further claims for those periods.

Also Read: Kerala High Court Acquits Man Convicted for Possession of Arrack, Holding Prosecution’s Failure to Prove Safe Custody and Unbroken Chain of Custody of Sample Fatal, Undermining the Conviction Under the Abkari Act Despite Seizure and Chemical Analysis Reports

Exit mobile version