Law:

Section:

(a) Bengal Municipal Act (XV of 1932), S. 7-Consideration of objections-Whether a quasi judicial function of Government. The Government in disposing of the objections under section 7'of the Bengal Municipal Act, acts purely in an administrative capacity. The Act does not mention the factors which the Provincial Government has to consider in deciding whether the local area should or should not be included in a Municipality, and there is no indication, whatsoever, in section 7 as to the nature of the grounds on which objections may be made. The Provincial Government., therefore, has full authority to reject an objection and to act on its own view, even if the alleged ground of the objection be made out. Unlike some other provisions of the Act, e.g. section 149 and section 516, section 7 lays down no proce­dure for the consideration of the objections and does not give the objector the right to be heard in person or to substantiate by evidence his objection. There is, therefore, no lis in the sense in which the existence of a lis or an issue makes the proceedings judicial or quasi-judicial and the final order to be made by the Government remains essentially an administrative order without the precedence of a quasi-judicial proceeding. (b) Bengal Municipal Act (XY of 1932), S. 7-Objector whether has a right to be heard in person. Though the Government is bound to consider the objection under section 7 of the Bengal Municipal Act, it is not bound by the Act to grant the objector a hearing oar an opportunity to adduce, evidence. (c) Bengal Municipal Act (XV of 1932), Ss. , 7 & 8­Proceedings before Government under S. 7 culminating in Notifi­cation under S. 8-Presumption of regularity. Where a statute expressly provides that a certain action can be taken by a public authority only after certain steps have been taken and the proceedings held show that the authority was cons­cious of the steps that had to be taken, the presumption is that those steps were taken before the taking of the final action and the burden of showing that that was not the case is on the person who alleges to the contrary. Under the Bengal Municipal Act any inhabitant or any rate­payer is,…

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