The Calcutta High Court criticized the Malda Municipal Corporation (MMC) for serving a demolition notice to a sessions judge regarding a building under construction on the court premises.
The court observed that the Chairman of the MMC, who issued the notice, was a former attorney for the Malda sessions court.
The Bench, comprising Acting Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya, reprimanded the MMC Chairman and warned Advocate General SN Mookherjee that appropriate action would be taken if the notice was not withdrawn.
ACJ Sivagnanam noted that the chairperson of the civic body was a practising attorney in the Malda sessions court prior to assuming this position.
“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. We will have to removed this man from the office.” the ACJ observed.
The Bench noted that the construction of the contested building has been proceeding at a snail’s pace for the past decade. Only as the construction neared completion did the governing body issue the notice.
“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. Look at his audacity. How can this be allowed under law?” the Court held.
The Court then brought up the issue of illegal constructions within the Malda municipality and stated that it could embarrass the municipal government by requesting a report on the matter. Advocate General Mookherjee requested two days to respond to the issue.
“We deemed it fit to call you before passing any orders in this matter. You will have to ensure that this notice is withdrawn,” the Court told the AG.
The case will be heard again in two days.
