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Calcutta High CourtWPA/10932/2021disposed

Mitali Chongdar v. The Howrah Municipal Corporation And Others

2021-07-13Hon'Ble Justice Shampa Sarkar2 pages

13.07.2021 Ct. No. 19 sdas WPA 10932 of 2021 Mrs. Mitali Chongdar Vs.

The Howrah Municipal Corporation & Ors.

(Via Video Conference) Mr. Tanmoy Mukherjee Mr. Souvik Das ..... for the petitioner Mr. Sandipan Banerjee Mr. Ankit Sureka ...... for Howrah Municipal Corporation Mr. Dip Jyoti Chakraborty ..... for respondents no. 6 to 8 This writ petition has been filed alleging inaction on the part of the Howrah Municipal Corporation in implementing the order of demolition. It is submitted by Mr. Mukherjee, learned advocate appearing on behalf of the petitioner that although this Court had directed the Howrah Municipal Corporation to make an inspection of the construction initiated by the private respondents no. 6 to 8 and reach the same to its logical conclusion if they were unauthorized, steps have not yet been taken as per direction of this Court. It is also

submitted that despite repeated representations made to the authorities of the Howrah Municipal Corporation seeking information with regard to the fate of the proceedings, no information has been supplied to the petitioner.

Mr. Banerjee, learned advocate appearing on behalf of the Howrah Municipal Corporation submits that demolition order has already been passed and the Howrah Municipal Corporation shall take steps in accordance with law for implementation of the same. It is submitted by the learned advocate appearing on behalf of the respondents no. 6 to 8 that this writ petition is not maintainable as this Court cannot be treated as an executing Court.

Having heard the learned advocates appearing for the respective parties, the writ petition is disposed of without any order as the learned advocate for the Howrah Municipal Corporation has already submitted that steps have been taken for implementation of the order of demolition and the same shall be done expeditiously and in accordance with law.

There will be, however, no order as to costs. All parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)