How can civic body issue demolition notice to sessions judge? Calcutta High Court pulls up Malda Municipal Corporation

The Calcutta High Court on Monday came down heavily on the Malda Municipal Corporation (MMC) for issuing a notice to a sessions judge for the demolition of a building being constructed within the court premises. .A Division Bench of Acting Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya pulled up the Chairman of the MMC for issuing the notice to the sessions judge. The Bench impressed upon Advocate General SN Mookherjee that it would pass 'appropriate orders' if the said notice isn't withdrawn. "This is unheard of. How can a civic body issue demolition notice to a sessions judge?" ACJ Sivagnanam asked the AG..ACJ Sivagnanam pointed out that the chairperson of the civic body, prior to taking charge of this office, was an advocate practicing in the sessions court in Malda. "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 observed. "We will have to removed this man from the office," the ACJ remarked. .The Bench noted that the construction of the building in question has been going on at a slow pace for a decade now. It was only when the construction neared completion that the civic body issued 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 Bench observed. .The Court went on to highlight the issue of illegal constructions within Malda municipality and said it can embarrass the civic body by asking for a report on the same. "What will happen if we ask him details on number of illegal buildings in the Malda civic body jurisdiction? We will also ask him what action has he taken against the illegal buildings during his tenure. Will that be okay?"At this, Advocate General Mookherjee sought two days time to respond to the matter."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 You will have to ensure that this notice is withdrawn," the Bench told the AG. The matter will be heard next after two days.