Bibek Chatterjee v. State Of West Bengal And ORS.

Item No.37 In the High Court At Calcutta Special Jurisdiction Appellate Side 18.04.2024 Ct-24 CPAN 1431 of 2022 in WPA 10759 of 2020 Bibek Chatterjee v.

Malay Roy Mr. Sandipan Maity Mr. Sourav Dutta ... for the petitioner.

Mr. Soumyajit Bhatta ... for the contemnor.

The Board of Councillors of Panihati Municipality is not functioning from quite some time past. The order passed by this Court cannot be complied with in the absence of the Board of Councillors of the Municipality.

According to provision of Section 218 of the West Bengal Municipal Act, 1993, the Board of Councillors is the competent authority to take a decision with regard to demolition of any unauthorized construction that has been made. As the Board of Councillors is not functioning, the unauthorized constructions cannot be dealt with.

In such a situation, the Court thinks it fit to direct the Secretary, Department of Municipal Affairs to intervene in the matter and resolve the issue so that the order passed by the Court can be complied with.

Learned advocate for the petitioner is directed to communicate this order to the Secretary, Department of Municipal Affairs.

The contempt application stands adjourned till June 20, 2024.

Sh (Amrita Sinha, J.)