RAMENDRA NATH BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has challenged the order dated 26th May, 2000 passed by the Director of Local Bodies and the consequent order dated 30th May, 2000 passed by the Chairman of Panihati Municipality, both of which are contained in annexure 'E' to the petition, directing demolition of the construction made by the petitioner on the ground that there has been a deviation from the sanctioned plan. There was an interim order passed by this Court which is now being sought to be vacated by means of this application for vacating the interim order filed on behalf of the private respondent.

(2.) Mrs. Sanghamitra Nandi, learned counsel, appearing for the private respondent contends that Director of the Local Bodies has jurisdiction to pass the order dated 26th May, 2000 contained in annexure 'E' on account of the power conferred upon him under section 426 of the West Bengal Municipal Act, 1993 and that such order is binding on the Municipality and therefore the order passed by the Chairman, dated 30th May, 2000 contained in annexure 'E' is therefore justified. She also relied upon the provision of section 218 of the West Bengal Municipal Act and contended that the Municipality has every right to direct demolition of the building constructed unauthorisedly.

(3.) The learned counsel appearing for the petitioner on the other hand points out that the Chairman has no power to direct for demolition. It is only the Board of councillors of the Municipality who can do it, in view of the expression used in section 218. He further contends that section 426 does not confer any power on the Director to issue an order for demolition. and the Municipality can act as a rubber stamp in carrying out the direction by the Director.