Satinath Dey And ANR v. Abhisekh Kumar Tewari

ML 3 10.05.2024 Ct. No. 15 adeb CPAN 13 of 2021 In WPA 6141 of 2020 IA No. CAN 1 of 2020 ( Old No. CAN 4419 of 2020) Sri Satinath Dey & Anr.

Vs.

Mr. Abhisek Kumar Tiwari Mr. Bidyut Kr. Halder Mr. Indranil Halder ...for the applicants Mr. Sandipan Banerjee Mr. Ankit Surekha ...for the HMC Contempt application is heard in presence of the learned advocates representing the applicants and alleged contemnors.

Mr.

Sandipan Banerjee, learned advocate representing Howrah Municipal Corporation has placed before this Court the order dated 2nd May, 2024 passed by the Assitant Enginee-In-Charge, Building Department, Howrah Municipal Corporation and same is taken on record.

On perusal of the said order dated 2nd May, 2024 it appears that both the parties were directed to ensure self demolition at their own cost within the specified period from the date of receiving the said order failing which Building Department of the Corporation would ensure necessary measures for demolition with prior intimation of the cost involved to both the parties and same would be

deposited by the parties within 7 (seven) days of receiving such intimation.

Since the decision has already been taken determining erection of unauthorised constructions by both the parties it appears that order passed by the coordinate Bench on 10th September, 2020 is complied with.

Accordingly, contempt application stands disposed of and contempt proceeding stands dropped.

However, it is made clear that this order shall not preclude the parties to take steps in terms of the direction as contained in the said order dated 2nd May, 2024. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)