Sujoy Saha vs State of West Bengal

Jyotirmay Bhattacharya, J.—The legality of the order of demolition passed by the Chairman of Ghatal Municipality on 9th April, 2012 is under challenge in this writ petition at the instance of the person who allegedly raised illegal construction in his premises. Let me now examine as to how far the order of demolition can be sustained.

On perusal of the demolition order, this Court finds that the said demolition order was passed by the Chairman of Ghatal Municipality. Section 218 of the Bengal Municipal Act authorises only the Board of Councillors to pass an order of demolition.

Despite there is a provision for delegation of the authority of the Board of Councillors upon the Chairman of the Municipality for dealing with illegal construction and in pursuance thereof a resolution has been adopted by delegating such power of the Board of Councillors upon the Chairman of the said Municipality, but fact remains that delegation of such authority of the Board of Councillors upon the Chairman of the said Municipality which Mr. Dutta, learned advocate appearing for the Municipal authority is now trying to point out before this Court, was not brought to the notice of the learned single Judge of this Court while disposing of the earlier writ petition being W.P. No. 15057(W)of 2011.

As such, the learned single Judge of this Court while disposing of the earlier writ petition directed the Board of Councillors, Ghatal Municipality the respondent No. 3 there into initiate appropriate proceedings u/s 218 of the West Bengal Municipal Act, 1993.

This part of the direction passed by His Lordship in the earlier writ petition has not been followed by the Municipal authority while passing the demolition order which is impugned in this writ petition as admittedly the order of demolition was not passed by the Board of Councillors.

As such, this Court is of the view that the order of demolition which was passed by the Chairman of the said Municipal authority cannot be retained on record. The demolition order which was passed by the Chairman of Ghatal Municipality on 9th April, 2012 appearing at page 40 of the writ petition stands quashed.

The concerned authority viz., the Board of Councillors of the said Municipality is thus directed to conclude the proceeding for demolition strictly in observance of the order passed by the learned Single Judge of this Court while disposing of the earlier writ petition being W.P. No. 15057(W) of 2011. The time for conclusion of the said proceeding is thus extended for a further period of four weeks from the date of communication of this order.

The writ petition is, thus, disposed of. Urgent photostat certified copy of this order, if applied for, be furnished to the applicant as early as possible.