Sima Saha v. Bandana Pokhriyal Commissioner Howrah Municipal Corporation And ANR

17.04.2026 Sl No.556 Ct. No.237 S.A.

CPAN 606 of 2025 in WPA 16049 of 2024 Sima Saha -vsBandana Pokhriyal, Commissioner, Howrah Municipal Corporation & Anr.

Mr. Mahendra Prasad Gupta Mr. Ayan Mitra ...for the petitioner Mr. Sandipan Banerjee Mr. Ankit Sureka ...for the Corporation Mr. Tanmay Mukherjee Mr. Souvik Das Mr. K. R. Ahmed Mr. R. Das Mr. Tapas Chatterjee ...for the intervenor It has been submitted by the learned advocate appearing for the writ petitioner that, in accordance with the demolition sketch map provided by the Howrah Municipal Corporation, the petitioner has undertaken the requisite demolition work. In support of this contention, photographs of the relevant building have been produced.

Let the said photographs be retained on record.

The learned advocate appearing for the Howrah Municipal Corporation, upon instruction, submits that although the demolition order has not been executed in its entirety as indicated in the demolition sketch map, the Corporation is of the view that any

further demolition work may cause damage to the sanctioned portion of the building.

Mr. Gupta, learned advocate appearing for the applicant in the contempt application, has opposed the submissions advanced by the learned advocate for the Howrah Municipal Corporation as well as those made on behalf of the writ petitioner. It has further been submitted that the demolition work has not been carried out in terms of the demolition sketch map. This Court, however, is of the view that where the Corporation itself opines that any further demolition may result in damage even to the sanctioned portion of the building, it ought to be presumed that the demolition work has been executed by the writ petitioner in substantial compliance with the demolition sketch map prepared by the Corporation.

Accordingly, there is no necessity to proceed further with the present contempt application. Accordingly, CPAN of stands disposed of.

In the event the applicant in the contempt application has any further grievance, liberty is granted to take appropriate steps in accordance with law.

(Kausik Chanda, J.)