ANANDA MOHAN HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner in this writ petition dated September 17, 2004 is questioning the order of Chairman, Haldia Municipality dated September 2, 2004, Annexure P6 at p. 28, directing him to demolish his two storied construction. The Chairman stated in the order that the construction was unauthorized.

(2.) ONE Bidhu Bhusan Karan, claiming to be Member, Chairman in council, Haldia Municipality, has filed an opposition dated March 17, 2005 on behalf of the Municipality. It has not been stated in the opposition that the chairman made the order dated September 2, 2004 on the strength of any decision taken by the Board of Councilors according to the provisions of Section 218 of the West Bengal Municipal Act, 1993.

(3.) NO provision of the West Bengal Municipal Act, 1993 empowers the Chairman of a Municipality to initiate proceedings for deciding whether a construction is unauthorized and hence liable to be demolished. The power has been conferred on the Board of Councilors. According to the provisions of section 218, the Board of Councilors is to initiate appropriate proceedings and give decision after affording reasonable opportunity to the person responsible for erection of the unauthorized construction to defend himself and to present his case. It is evident that the Chairman made the impugned order without any jurisdiction. The fact that before making the order the chairman gave the petitioner a hearing cannot make the order lawful and valid. The Chairman did not have any power to make it. Hence it is liable to be set aside.