SUJOY SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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.