Animesh Chakraborty v. Howrah Municipal Corporation And ORS

20.03.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 129 of 2023 Animesh Chakraborty -versus The Howrah Municipal Corporation & Ors.

Mr. Tapas Mukherjee, Mr. Aftaf Hossain.

...For the Petitioner.

Mr. Sandipan Banerjee, Mr. Santanu Chatterjee.

...For HMC.

Affidavit-of-service filed in Court today is taken on record.

None appears on behalf of the respondent no. 6 in spite of service.

The petitioner complains that the private respondent no.6 is making construction of additional floors without obtaining any sanction from the Howrah Municipal Corporation at Premises No. 62/6, Seikhpara Lane, P.S.-Chatterjeehat, Ward No.-38, Howrah-711103 under Borough-VI of the Howrah Municipal Corporation.

The objection filed against such unauthorized construction is yet to be disposed of.

Learned advocate appearing for the Corporation is yet to receive instruction in the matter.

As it appears that the representation of the petitioner objecting to the illegal and unauthorized construction is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no.2 being the Commissioner, Howrah Municipal Corporation or his delegate to consider and dispose of the representation made by the petitioner strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties including the petitioner within a period of three months from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties including the petitioner immediately thereafter. In the event the aforesaid respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid the sanction plan, then necessary steps shall be taken to deal with such unauthorized construction, in accordance with law.

The aforesaid respondent shall restrict the consideration of the representation with regard to unauthorized construction only and not enter into or decide any private dispute of the parties regarding right, title and interest in respect of the aforesaid land. It is made clear that this Court has not entered into the merits of the claim made by the petitioner and

all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the objection filed on 29th December, 2022 to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)