Soumitara Ghosal v. Horwah Municiapal Corporation

21.04.2025 Sl. No. 26 Ct No. 3 SG WPA 1219 of 2024 Soumitra Ghosal & Anr.

Vs.

Howrah Municipal Corporation & Ors.

Mr. Debashis Banerjee, Mr. Vijay Verma, Mr. Rakesh Jana.

...for the petitioner Mr. Sandipan Banerjee, Mr. Ankit Sulekar.

...for HMC 1.

The petitioner has preferred the present writ petition seeking consideration of his representation dated 02.01.2024 and 03.01.2024.

2.

This Court in an earlier writ petition, being W.P.A. 24607 of 2023, vide order dated 18.10.2023 had directed the corporation to take steps to remove the unauthorized construction existing at the premises in question and implement the order of demolition. The Petitioner vide the representations dated 02.01.2024 and 03.01.2024 sought for the implementation of the order dated 18.10.2023 passed by this Court in WPA 24607 of 2023.

3.

Learned Counsel for the respondent-Howrah Municipal Corporation states that they are acting in pursuance of the direction passed by this Court in WPA 24607 of 2023 and are carrying out the

demolition action in accordance with law. There is no merit in the present writ petition as the Respondent is already implementing the order dated 18.10.2023 passed by this Court in WPA 24607 of 2023.

4.

Learned Counsel for the petitioner states that his client wants to deposit the cost for the demolition which is still under process.

5.

The said prayer is premature at this stage as the cost of the demolition can only be ascertained once the entire demolition has taken place.

6.

In view of the same, no order is required at this stage.

7.

Accordingly, the present writ petition is dismissed.

8.

Since no affidavits have been filed by the respondents, the allegations made in the writ petition shall not be deemed to have been admitted.

9.

There shall be no order as to costs.

10.

Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Gaurang Kanth, J.)