SOUMITRA PAL, J. - (1.) Since it is submitted by Mr. De, learned advocate for the petitioner that the notices along with the copies of the writ petition have already been served on the Naihati Municipality as well as on the private respondent no.7, he is directed to affirm and file affidavit of service by tomorrow.
(2.) In the writ petition the petitioner has prayed for a direction upon the authorities of the Naihati Municipality to implement the order passed by the Vice-Chairman, Naihati Municipality, the respondent no.4 directing demolition of the construction raised by the private respondent no.7. In my view, in a case of unauthorised construction, under section 218 of the West Bengal Municipal Act, 1993 the Board of Councillors of a Municipality is competent to pass an appropriate order. Therefore, the order passed by the Vice-Chairman, in the instant case, cannot be acted upon. Hence, considering the facts and circumstances of the case, the writ petition is disposed of by directing the Board of Councillors, Naihati Municipality, the respondent no.2 to dispose of the matter regarding the construction alleged to have been raised by the private respondent no.7 unauthorisedly by passing a reasoned order within eight weeks from the date of presenting a copy of the certified copy of this order after giving an opportunity of hearing to the petitioner and the private respondent no.7 and after verifying the records and after causing a fresh inspection of the site upon notice to the parties. If the Board is of the opinion that an illegal construction has been raised, it shall issue appropriate order for demolition. However, I make it clear that I have not gone into the merits of the case and all points are left open to be dealt with by the Board.
(3.) No order as to costs.;