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Judgment
21 paragraphs · 389 wordsArindam Sinha, J
This writ petition has been listed under heading “To Be Mentioned†pursuant to direction in order dated 27th February, 2020, in which following
was said:-
“This writ petition has been listed under heading “To Be Mentioned†at instance of petitioners citing urgency on demolition order having had
been issued. Mr. Ghosh, learned advocate appears on behalf of petitioners and wants to move the petition. Ms. Pal, learned advocate appears on
behalf of the Municipality and prays for adjournment on absence her leader. She prays for listing on next Monday.
Status quo be maintained till next Monday. The writ petition be carried under same heading for listing on 2nd March, 2020. Supplementary affidavit be
taken on record.â€
Mr. Ghosh refers to paragraph 17 in the petition, where there is clear allegation that on date of hearing being 19th December, 2019, no Board meeting
was held on the issue of alleged unauthorised construction. His submission, impugned order issued by the Chairman is in violation of section 218 in
West Bengal Municipal Act, 1993. Mr. Chattopadhayay, learned advocate appears on behalf of the Municipality and hands up minutes of meeting of
Board of Councillors of the Municipality, held on 30th November, 2019. Discussion record in respect of allegation of unauthorised construction, being
subject matter of this writ petition, is one of the items in the minutes. The Board decided to give hearing to the parties, who thereafter would be
informed on steps to be taken under section 218. Regarding paragraph 17, he submits, they are mere allegations.
The Councillors appear to have decided to give hearing pursuant to provisions in section 218. This was on 30th November, 2019. Petitioners’ clear
averment is that on 19th December, 2019, hearing was given by Special Secretary / Executive Officer of the Municipality. Pointed query from Court
elicited answer that these averments are mere allegations. No document has been produced to show, minutes of hearing given to petitioner, by the
Board of Councillors. As such, Court is convinced that it is the Chairman, acting pursuant to hearing given by Special Secretary/Executive Officer of
the Municipality that impugned order was passed. It is not in compliance with provisions in section 218. It is set aside and quashed. The Board is at
liberty to proceed in accordance with law.
The writ petition is disposed of.