Subir Karati v. The H M C And ORS

09.06.2025 Court No.13 Item No. 19 sp FMA 609 of 2025 Subir Karati Vs.

The Howrah Municipal Corporation & Ors.

Mr. Tapan Kumar Rakshit, Mr. Surajit Roy.

...for the appellant.

Mr. Sandipan Banerjee, Mr. Ankit Sureka.

...for the H.M.C.

Ms. Sabnam De Bardhan, Ms. Kakali Naskar.

...for the State.

Mr. Tanmoy Mukherjee, Mr. Souvik Das, Mr. K.R. Ahmed.

..for the respondent no. 8.

1.

By an order dated 29th January, 2025 and 4th March, 2025, a Co-ordinate bench of this Court had directed that the private respondents shall apply for a fresh sanction plan before the H.M.C. for effecting construction on the property.

2.

It is submitted by the counsel for the private respondents as well as H.M.C. that the applicant has applied for a plan after construction of a G plus one storied residential building at premises No. 16/1, Kalipada Das Lane, Ward No. 21, Police Station- Bantra, District- Howrah, Pin Code-

711101. The Borough-III of the H.M.C. has sanctioned a plan to the private respondents. 3.

In that view of the matter, nothing further remains to be adjudicated in the instant appeal. The sanction plan and the orders of this Court shall not prevent the H.M.C. from directing the private respondents to demolish any old structure, if so required, in accordance with the applicable rules and law.

4.

With the aforesaid observations, FMA 609 of 2025 shall stand disposed of.

5. In view of the above, connected applications, if any, shall also stand disposed of.

6. There shall be no order as to costs.

7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)