The Calcutta High Court in the case observed and has pulled up the Chairman of English Bazar Municipality of Malda District (the Municipality) for issuing the notice of the District and Sessions Judge, Malda for the demolition of a building which is being constructed withing the premises of the court.
The division bench comprising of Acting Chief Justice ACJ T. S. Sivagnanam and Justice Hiranmay Bhattacharyya in the case observed and has informed the Advocate General S. N. Mookherjee that it would pass of the appropriate orders if in the case, the said notice is not being withdrawn off.
It has also been asked by the ACJ to AG that something unusual and surprising has been happened. The same being unheard of. How can the demolition notice be issued by civic body to a session judge.
Further, the ACJ stated that the most unfortunate part being that the chairperson is an advocate, who used to practice in that court. Thus, even the family members of him use to practise there and being a lawyer is not that he is aware that under the Government Buildings Act, these municipal laws would not apply. Yet, the lawyer has audacity to issue notice.
The court in the case observed and has also noted that it can embarrass the said municipality by asking the report of the illegal constructions which being within the municipality.
It has also been remarked by the ACJ that I am being told that there being encroachments around the building and this man wants to reward them by constructing of the multi-storey building which will house the shopping complex too. Thus, how can the same be allowed under law?
The court in the case also asked the AG to ensure that the notice is withdrawn.
Accordingly, the court listed the matter to be next heard on April 26, 2023.