Purushottam Chowrasia v. H M C And ORS

17. 27.01.2025 Court No.26.

(Pritam) MAT 92 of 2025 with CAN 1of 2025 Sri. Purushottam Chowrasia -Vs.- The Howrah Municipal Corporation & Ors.

Mr. Abhishek Banerjee, Mr. Yashraj Roy ....for the appellant.

Mr. Sandipan Banerjee, Mr. Ankit Sureka ......for the Howrah Municipal Corporation.

Mr. Pradeep Kumar .....for the respondent no.6.

1. Appeal is directed against an order dated December 17, 2024 passed in WPA 28830 of 2024.

2. By the impugned order, the learned Single Judge directed demolition of the unauthorized part of the building after expiry of a period of one month. Learned Single Judge was also recorded the undertaking on behalf of the appellant to vacate the premises within one month from the date of the impugned order.

3. Appeal is at the behest of the present appellant who gave undertaking to vacate the premises within a month from the date of the impugned order.

4. Appellant is yet to comply with the undertaking given to the learned Single Judge.

5. On merits also, we do not find any material to intervene. The learned Single Judge considered a report and found that, there exists justifiable ground directing the demolition of the unauthorized construction. The impugned order records in details about the nature and extent of the unauthorized construction.

6. On two grounds, we, therefore, do not find any necessity to intervene in the present appeal.

7. Accordingly, MAT 92 of 2025 along with connected application being CAN 1 of 2025, are dismissed without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)