Shantidevi Singh And ANR v. Dhaval Jain And ORS

16.05.2024 d.p.

In The High Court At Calcutta Special Civil Jurisdiction Appellate Side C.P.A.N. 237 of 2023 in W.P.A. 18542 of 2022 Shantidevi Singh & Anr.

-versus Dhaval Jain & Ors.

Ms. Nibedita Chakraborty.

...For the petitioners.

Mr. Sandipan Banerjee, Mr. Ankit Sureka, Mr. Sobhan Majumder.

...For HMC.

Learned advocate appearing on behalf of the Corporation has produced before this Court copy of the order dated 16th May, 2024 passed by the Assistant Engineer-in-Charge, Building Department, Howrah Municipal Corporation wherein order has been passed mentioning that the Corporation will demolish the 4th and 5th floors of the structure and the occupants have been directed to be vacated immediately. The person responsible is to bear the cost of demolition. Copy of the said order has been handed over to the learned advocate appearing for the petitioners in Court today.

The Corporation is directed to proceed with the demolition of the unauthorized construction.

The Commissioner, Howrah Police Commissionerate through the Officer-in-Charge, Howrah Police Station is directed to render all necessary help and assistance to the men and agents of the Howrah Municipal Corporation at the time of demolition of the unauthorized structure.

The police will be solely responsible for vacating the occupants from the portions constructed unauthorizedly.

The police shall fix up notices at several conspicuous places in and around the subject structure to make the occupants known of the dates within which the structure is to be vacated in the aid of demolition of the same.

The demolition process shall continue on day to day basis till the entire unauthorized construction, both internal and external, is pulled down.

The contempt application 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.)