Arati Dhar And ORS v. Dhabal Jain The Commissioner Howrah Municipal Corporation And ANR

In the High Court at Calcutta 19-03-2026 Item no.66 Subrata Bhattacharyya AR(C) Special Civil Jurisdiction Appellate Side CPAN No.441 of 2024 Arati Dhar & Ors.

-vsDhabal Jain & Ors.

arising out of WPA No.24607 of 2023 Mr. Amitava Pain Mr. Subhrangshu Datta ...for the petitioners Mr. Sandipan Banerjee ...for the contemnor 1.

Affidavit of compliance filed by the Howrah Municipal Corporation in Court be taken on record.

2.

The Assistant Engineer of the Corporation has mentioned in his report that the unauthorized second floor has been totally demolished; and that on the first floor, more or less 50 per cent deviated portion has been demolished and the rest cannot be demolished because RC column is in that portion. On the ground floor also, it is mentioned, more or less 50 per cent portion has been demolished and the rest is not in a position to be demolished.

3.

The aforesaid contention of the Corporation is denied by learned counsel for the petitioner.

4.

On a perusal of the photographs placed before this Court by both the parties, it appears that substantial demolition has taken place. The structure which has been detected to be unauthorised has been rendered unusable.

5.

The Corporation is, therefore, directed to keep strict vigil so that the unauthorized portions are not

reconstructed in future.

6.

The contempt application is disposed of.

7.

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

8.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]