LAWS(CAL)-1988-5-4

AJIT KUMAR CHAKRABORTY Vs. SERAMPORE MUNICIPALITY

Decided On May 12, 1988
AJIT KUMAR CHAKRABORTY Appellant
V/S
SERAMPORE MUNICIPALITY Respondents

JUDGEMENT

(1.) The petitioners in this Rule are co-owners of premises No.155, Netaji Subhas Avenue, Serampore. Sometime in 1981, they submitted to the Serampore Municipality for sanction a plan for carrying out certain additions and alterations in respect of the said building and the plan was duly sanctioned.

(2.) In September, 1981, however, the chairman of the Municipality informed petitioner No.1 in writing that an enquiry would be held in connection with the building plan sanctioned by the Municipality. Accordingly, an enquiry was held and the report submitted disclosed certain deviations from the sanctioned plan.

(3.) Thereafter, petitioner No.1 received a letter from the Chairman of the Municipality asking him to explain why certain portions of the building, as mentioned in the letter, would not be demolished. Pursuant to the said letter, petitioner No.1 sent an explanation raising certain objections therein but, ignoring the explanation, a complaint under Section 501 of the Bengal Municipal Act, 1932 (Act for short) was lodged against the petitioners 1 the court of the learned Sub-Divisional Judicial Magistrate, Serampore. The learned Sub-Divisional Judicial Magistrate took cognizance on the basis of the complaint and issued summonses for appearance of the petitioners.