SAMARESH MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) HIS matter is heard as a contested application upon notice to the respondents and the respondents have appeared and contested the writ petition by filing separate affidavits. The writ petition is directed against formation of Jadavpur municipality and consequential Notifications being Notification dated 30th March, 1978, published in the Calcutta Gazette Extra Ordinary dated 1st April, 1978, Notification dated 14th May, 1980 published in the calcutta Gazette Extra-ordinary on the same day, Notification dated 14th May, 1980 published in the Calcutta Gazette Extra-ordinary dated 15th May, 1980, Memo No. 750 (12) dated 29th May, 1980 of the Block development Officer, Jadavpur Behala block, Notice dated 27th January 1981 and 21st January 1981 issued by Jadavpur municipality and notice dated 28th February, 1981 under section 134 of the Bengal municipal Act issued by the Jadavpur municipality,

(2.) THE petitioners Nos. 1 to 4 were residents and taxpayers of village Kamdahari hinder Kamdahari Anchal Panchayet and the petitioner No. 5 was a resident and taxpayer of the village Bansdroni under Bansdroni anchal Panchayet and the said village kamdahari and the village Bansdroni have been included in the newly formed Jadavpur Municipality and the petitioners contend that such constitution of Jadavpur Municipality is illegal and without jurisdiction.

(3.) THE petitioners contend that by Notification dated 30th March, 1978 published in the Calcutta Gazette Extra-ordinary dated 1st April, 1978, an intention was expressed by the State Government to constitute a municipality to be called Jadavpur Municipality under the Bengal Municipal Act consisting of certain areas mentioned in the schedule to the said notice. According to the petitioners, no clear idea could be obtained from the schedule as to whether a complete block would be formed with the areas mentioned in the schedule to the notice. A copy of the notice has been annexed to the writ petition as Annexure 'a'. The petitioners contend that no public proclamation was made by beat of drum throughout the Municipality or the local areas proposed to be included in the Municipality or in the areas where the petitioners reside. The petitioners also contend that no copy either in English or in Bengali of the said Notification issued under sub-section (1) of section 6 of the bengal Municipal Act was posted up any where in the office of the District Magistrate. Accordingly there was no question of inspection of the scheme for the proposed Municipality by any person although such inspection is required to be given under sub-section (2) of section 6 of the Bengal Municipal Act. The petitioners contend that the petitioners did not get opportunity to file objection under section 7 of the Bengal Municipal Act because of the failure to give public proclamation for the said proposed Municipality and in not giving publication of the notice in accordance with the provisions of sub-section (2) of section 6 of the Bengal Municipal act.