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Calcutta High CourtWPA/8222/2024disposed

Kusum Devi v. Howrah Municipal Corporation And ORS.

2024-06-25Hon'Ble Justice Kausik Chanda2 pages

25.06.2024 Sl. No.23 Suman Ct.No.15 WPA 8222 of 2024 Smt. Kusum Devi Vs.

The Howrah Municipal Corporation and Ors.

Mr. Sunny Nandy Ms. Tamalika Dutta ..for the petitioner Mr. Sandipan Banerjee Mr. Ankit Sureka Mr. S. Majumder Ms. Shetparna Roy ....for Howrah Municipal Corporation The petitioner alleges an unauthorised construction at premises no.27 Hat Lane, Howrah711101. The petitioner made a representation before Howrah Municipal Corporation against such alleged unauthorised construction by a letter dated January 3, 2024.

It is the grievance of the petitioner that despite such representation, no steps have been taken by Howrah Municipal Corporation.

The Corporation submits that representation dated January 3, 2024 is bereft of any particulars about who is responsible for the alleged unauthorised construction. Therefore, the Corporation is not in a position to take necessary steps.

In this writ petition, though the petitioner has alleged that respondent no.7 is carrying out the alleged construction, the petitioner appears to be not sure about his identity. In the writ petition, respondent no.7 has been described as the owner/promoter and/or developer of the property.

In view of the aforesaid, I grant liberty upon the petitioner to make a fresh representation before Howrah Municipal Corporation furnishing the particulars of the premises, the nature of deviation and the person responsible for the alleged unauthorised construction. If such representation is made within a period of three weeks from date, the Corporation shall consider the same in accordance with law.

Accordingly, WPA 8222 of 2024 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)