Calcutta High Court (Appellete Side)
Pulak Kumar Pramanik & Ors vs The State Of West Bengal & Ors on 2 August, 2019
1
02.08.2019
Item no. 24
Aloke/Dd WP 30645 (W) of 2016
Pulak Kumar Pramanik & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Saikat Banerjee
Mr. Basabjit Banerjee
Mr. Arnab Ray
Mr. Kousik Biswas
... ... For the petitioners
Mr. Saktipada Jana
Mr. Haridas Das
... ...For the Respondent no. 9
Mr. M. Thakur Mr. Swarup Kumar Ghosh .. ...For the Respondent no. 6 Mr. Haridas Das ... ...For the Respondent no. 9 The pinnacle of injustice and travesty of obedience to judicial orders unfold in this public interest litigation.
An order was issued by this Court in WP 26069 (W) of 2015 on 01.04.2016. The Sub-Divisional Officer, Ghatal, Paschim Medinipur was directed to inquire into the representation of the writ petitioner regarding alleged illegal/unauthorized construction and to carry out the entire exercise within a period of two months from the date of service of such representation and demolition of the construction was directed if it was found to be illegal or unauthorised.
2The Sub-Divisional Officer, Ghatal, Paschim Medinipur passed an order on 23.06.2016 to the following effect :-
"Hence, it is hereby held that the construction/erection of the building in question is unauthorised and illegal. The Chairman, Ghatal Municipality and the Board of Councillors, Ghatal Municipality are directed to take necessary steps for such illegal act and for demolition of the building in question following legal provisions as provided under appropriate Acts and Rules in this regard and comply the direction within 3 (three) weeks from the date of receipt of this order and to submit compliance report to the undersigned within 03 (Three) days from the date of action taken in this regard.
The direction of the Hon'ble High Court, Calcutta upon the Sub Divisional Officer, Ghatal Paschim Medinipur vide order dated 01.04.2016 in connection with W.P. NO. 26069 (W) of 2015 is hereby complied upon and disposed."
This writ petition is filed stating that nothing has happened after the direction of the Sub-Divisional Officer, Ghatal, Paschim Medinipur.
The direction given by the Sub-Divisional Officer, Ghatal Municipality included a direction to the Chairman of that Municipality and its Board of Councillors to take necessary steps for demolition of the illegal structures.
Learned counsel appearing for the said Municipality submits today that after the said order there was a writ petition filed by a person who asserted the entitlement for consideration of an appeal against the decision of the Municipal Chairman to demolish the building. According to that writ petition, there was an appeal pending with the Board of Councillors. This Court then directed such appeal to be considered if pending. The Board of Councillors and their office 3 searched for such appeal. It was found that there was no such appeal instituted and, therefore, there was no question of deciding any such appeal. A decision to that effect was recorded and the Chairman was intimated by the Board of Councillors on 12.04.2017.
Therefore, it means that the Chairman and the Board of Councillors of the Ghatal Municipality as well as the Executive Officer of the Municipality were duty bound to effect demolition at least within a period of two months from that date in view of the pending proceeding. That has also not been done. Obviously, therefore, this is a case where the judicial order issued by this Court in WP 26069 (W) of 2015 has been flouted and its disobedience is carried forward by the Chairman and Board of Councillors of Ghatal Municipality as well as its Executive Officer by disobeying the direction contained in the order issued on 23.06.2016 by the Sub-Divisional Officer which is an order as authorized by this Court through the order of the writ Court referred to earlier.
In the aforesaid facts and circumstance of the case, the Chairman, the Executive Officer and the Board of Councillors of the Ghatal Municipality are directed to show cause by filing affidavits why action under the provisions of the Contempt of Courts Act, 1971 shall not be initiated against them for violation of the judicial order as noted above and for interfering with the course of justice in a manner which prevented the due enforcement of the judicial order and the consequential decision of the Sub-Divisional Officer, Ghatal Municipality. Such separate affidavits shall be filed by each of those persons within a period of three weeks from date.
Department is directed to communicate copies of this order to the Executive Officer and the Chairman of Ghatal Municipality, 4 Paschim Medinipur. We also thereby direct to communicate copies of this order to the Board of Councillors of the said Municipality.
Post the matter on 30.08.2019 It is also clarified that if any of the aforesaid persons who are hereby called upon to file affidavits do not file the affidavits within the time prescribed, they must be personally present before this Court on that date.
[Thottathil B. Radhakrishnan, C.J] [Arijit Banerjee, J.]