Subir Kumar Naskar v. The Howrah Municipal Corporation And ORS

Ct No 13.07 In the High Court At Calcutta Constitutional Writ Jurisdiction AGM Appellate Side WPA 9270 of 2023 Sri Subir Naskar Vs The Howrah Municipal Corporation & Ors.

Mr. Animesh Paul Ms. Haardikaa Rajdev Ms. Marie Kundu ... For the Petitioner.

Mr. Gourav Das Mr. Hemanta Kumar Das ... For the State.

Mr. Sandipan Banerjee Mr. Amit Sureka Mr. Sobhon Majumdar ... For the HMC.

None represents the private respondents.

Affidavits-of-service filed in Court today be taken on record.

The petitioner seeks implementation of the order of demolition passed by the Howrah Municipal Corporation on 28th October, 2021.

Learned advocate representing the Corporation, submits, upon instruction that, due to pendency of an order of injunction passed in a Title Suit, the order of demolition could not be executed.

It has been submitted that the order of injunction has been vacated in February 2023.

The Corporation intends to take steps for executing the order of demolition.

As it appears that at present there is no impediment on the part of the Howrah Municipal Corporation to proceed with the implementation of the demolition order, accordingly, Howrah Municipal Corporation shall take necessary steps for executing the order of demolition at the earliest but positively within a period of twelve weeks from the date of communication of this order. The Inspector-in-Charge, Liluah Police Station,

respondent no. 4 is directed to render all necessary help and assistance to the men and agents of the Howrah Municipal Corporation for the purpose of vacating and demolition of the unauthorised construction, if sought for. 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.)