Mahabbat Ali Mallick And ANR v. Howrah Municipal Corporation And ORS

Ct No24 26.06 In the High Court At Calcutta Constitutional Writ Jurisdiction AGM Appellate Side WPA 2008 of 2023 Mahabbat Ali Mallick & Anr.

Vs The Howrah Municipal Corporation & Ors.

Mr. Animesh Paul Ms. Haardikaa Rafdev ... for the Petitioners.

Mr. Sandipan Banerjee Mr. Ankit Sureka Mr. Sobhan Majumdar ... For the H.M.C.

A report has been filed by the Howrah Municipal Corporation dated 21st June, 2023.

It appears therefrom that an inspection was conducted upon notice to the petitioner as well as the private respondent. The parties were present at the time of inspection.

It was detected that the private respondent constructed one storied residential building without any sanction.

As the Corporation has already detected unauthorised construction and hearing has been conducted and the private respondent has been directed to cause self demolition of the subject structure, accordingly, it will be open for the Howrah

Municipal Corporation to execute the order of demolition in accordance with law, if the private respondent fails to act in accordance with the self demolition notice.

The Corporation shall ensure that the unauthorised construction is positively demolished at the earliest but latest by a period of four months from the date of communication of this order.

The report filed by the HMC along with the annexures is handed over to the learned advocates representing the respective parties in Court. Affidavit-of-service filed today in Court be kept with the records.

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.)