(1.) THE petitioners in this writ petition dated March 24th, 2008 are questioning the notices dated March 16th, 2008 issued under Section 218 of the West Bengal Municipal Act, 1993 and dated March 20th, 2008 issued directing them to remove a boundary wall erected and a gateway set up by them allegedly unauthorisedly. Both the notices were issued on behalf of the Chairman of Uluberia Municipality.
(2.) MR. Ghoshal, Counsel for the petitioners, contends that there was no reason to issue the notice dated March 16th, 2008 under Section 218 of the West Bengal Municipal Act, 1993. It is not the case of the municipality that the petitioners erected any building unauthorisedly. In such a case only the board of councillors of the municipality would have been competent to issue a notice under Section 218 that does not empower the chairman of a municipality to exercise any power conferred thereby. Under the circumstances, Mr. Mukherjee, counsel for the municipality, finds little to say in justification of the action complained of. I, therefore, hold that the notice dated March 16th, 2008 is liable to be quashed.
(3.) ACCORDING to Mr. Mukherjee, the notice dated March 20th, 2008 was issued under Section 184 of the West Bengal Municipal Act, 1993. I find that once again Mr. Ghoshal, who has cited Sri Bishnupada Palui and anr. v. state of West Bengal and Ors. , 2005 (2) WBLR 501, is fully justified in contending that even if it is accepted that the notice was issued under section 184, it just cannot be sustained, since only the board of councillors of the municipality and not the chairman thereof, was competent to issue any notice or make any order in exercise of powers conferred by the provisions of Section 184. As a matter of fact, on this ground alone, the notice is liable to be quashed.