SAMARENDRA KUMAR MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner herein has challenged the validity and/or legality of the notice dated 19th January, 1984 issued by the Chairman, North Dum Dum Municipality under Section 321 (1)(b) of Bengal Municipal Act, 1932 and also challenged the subsequent notice dated 13th May, 1984 issued by the Commissioner of Ward No. 13 of the said North Dum Dum Municipality whereby the said Commissioner invited the petitioner in a meeting in order to settle the dispute mutually.

(2.) The petitioner is the owner of the plot in question measuring about 1.5 cottahs. Initially, a building plan was sanctioned by the competent authority of the North Dum Dum Municipality on 6th August, 1981 for construction of a threestoried building on the said plot of land of the petitioner. In terms of Section 325 (1) of the Bengal Municipal Act, 1932, a building plan may be renewed for a further period of two years. Accordingly, the said building plan of the petitioner, renewed on 6th August, 1983, also remained valid upto 5th August, 1985.

(3.) The respondent Chairman of the North Dum Dum Municipality issued a notice under Section 321 (1) (b) of the Bengal Municipal Act, 1932 to the petitioner herein alleging inter alia that the said petitioner had been carrying on construction in deviation of the sanctioned building plan and therefore, asked the petitioner to show cause why the constructions made in deviation of the sanctioned building plan will not be demolished. Surprisingly, the provision of Section 321 (1)(b) does not authorise the Chairman of the Municipality to show cause. Relevant provision of the Section 321 (1) of the Bengal Municipal Act, 1932 is quoted herein- below :-