DHIRENDRA NATH GHOSH Vs. BARRACKPORE MUNICIPALITY AND OTHERS

JUDGEMENT

(1.) This matter appeared in the days list under the heading To Be Mentioned at the instance of the learned Advocate for the petitioner. By consent of the learned Advocates appearing for the respective parties this matter is now treated as on the days list for hearing and is disposed of in the manner following:-

(2.) By this writ petition the petitioner has challenged the order of the Chairman of the Municipality, dated 30th Sept., 1996, being Annexure K to the writ petition, whereby the Chairman intimated the writ petitioner that the matter of rejecting the prayer of the petitioner for converting the premises from residential use to commercial use as house for marriage is guided by Sec. 200 of the West Bengal Municipal Act, 1993. The petitioner has also challenged the order dated 8th Jan., 1996 (Annexure D to the writ petition) passed by the Chairman of the Barrackpore Municipality, whereby the Chairman informed the petitioner that the Municipality will not accord permission for converting the house of the petitioner from residential use to commercial use and advised that in case the petitioner changes the use of the house from residential to commercial purpose without the prior permission from the Municipality appropriate action will be taken against him.

(3.) The factual background of the case is that as per sanctioned plan for residential use the petitioner has constructed a building and during the continuance of the construction he prayed for permission for conversion of the use of the building from the residential to commercial purpose either during the continuance of the construction or before the initiation of the construction of the building. Be that as it may, as has already been pointed out, the Chairman intimated the petitioner by a letter dated 20th April, 1996 that without the permission the same cannot be changed from residential purpose to commercial purpose. That letter was written by the Chairman dated 8-1-96 upon an application by the petitioner dated 11-8-95. Thereafter, the petitioner made another application seeking permission on 12-1-96, though the same was presented to the Municipality on 11-6-96, being Annexure E to the writ petition. Then the Vice-Chairman of the said Municipality invited the petitioner to a proposed meeting to be held on 8th Aug., 1996, and in consequence of that letter dated 20-8-96 (Annexure H to the writ petition) the petitioner participated in the proceeding of the Municipality and in order to substantiate that Mr. Arabinda Chatterjee, learned Advocate for the Municipality, handed up the entire record of the Municipality, where from it appears that a meeting was held on 8-8-96 in which the petitioner amongst other participated. Unfortunately, as it appears from the said minutes of the resolution that only the opinion of one of the members Sri Arup Bhattacharyya was recorded with the objection and submission of the writ petitioner. The petitioner wrote another letter dated 26th Sept., 1996, as in Annexure J to the writ petition, requesting the Vice-Chairman of the Barrackpore Municipality to communicate to him the decision of the said Municipality and the decision that was communicated as mentioned earlier by the Chairman of the said Municipality by his letter dated 30th Sept., 1996 is that the Municipality is guided by Sec. 200 of the West Bengal Municipal Act, 1993. On this background the present writ petition has been filed challenging the orders impugned as stated above.