Calcutta High Court Pulls Up Civic Body Chairman For Issuing Demolition Notice To Sessions Judge

The Calcutta High Court on Monday pulled up the Chairman of English Bazar Municipality of Malda District (Municipality) for issuing a notice to the District and Sessions Judge, Malda for the demolition of a building being constructed within the court premises.

The division bench of the Acting Chief Justice (ACJ) T. S. Sivagnanam and Justice Hiranmay Bhattacharyya told Advocate General S. N. Mookherjee that it would pass appropriate orders if the said notice is not withdrawn.

“Something unusual and surprising has happened. This is unheard of. How can a civic body issue demolition notice to a Sessions Judge?”, the ACJ asked the AG.

“Most unfortunate part is the chairperson is an advocate, who used to practice in that court. Even his family members practice there. Being a lawyer, isn't he aware that under the Government Buildings Act, these municipal laws would not apply. Yet, he has the audacity to issue notice,” the ACJ said.

The court further noted that it can embarrass the said municipality by asking a report of the illegal constructions within the municipality.

“I am told there are encroachments around the building and this man wants to reward them by constructing a multi-storey building which will house shopping complex too. How can this be allowed under law?” the ACJ remarked.

The Court asked the AG to ensure that the notice is withdrawn.The matter is again listed on April 26.