Dipak Kumar Gupta v. The Howrah Municipal Corporation And ORS

Ct No24 03.07 In the High Court At Calcutta Constitutional Writ Jurisdiction AGM Appellate Side WPA 6478 of 2023 Dipak Kumar Gupta Vs The Howrah Municipal Corporation & Ors.

Mr. Akash Ganguly Mr. Aniruddha Ganguly ... For the Petitioner Mr. Ankit Sureka Mr. Sobhan Majumdar ... for the HMC.

The petitioner complains of illegal and unauthorised construction at premises no. 3, Sibas Dutta 1st Bye Lane, Howrah at the behest of Kundan Singh, who is the owner of the subject premises.

Specific allegation is that G+6 storied building has been constructed without obtaining any sanction plan. Objection filed before the Corporation is pending consideration.

None represents the private respondent.

Affidavit-of-service filed today in Court be taken on records.

As it appears that the representation of the petitioner objecting to the illegal and unauthorized construction is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the Commissioner, Howrah Municipal Corporation or his delegate to consider and dispose of the representation made by the petitioner strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties including the petitioner within a period of three months from the date

of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties including the petitioner immediately thereafter.

A spot inspection shall be conducted to ascertain the nature and extent of unauthorized construction. In the event the aforesaid respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid the sanction plan, then necessary steps shall be taken to deal with such unauthorized construction, in accordance with law.

The aforesaid respondent shall restrict the consideration of the representation with regard to unauthorized construction only and not enter into or decide any private dispute of the parties regarding right, title and interest in respect of the aforesaid land. It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation dated 2nd February, 2023 to the aforesaid respondent at the time of communicating the order of the Court.

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.)