Mahadev Udyog And ORS v. The Howrah Municipal Corporation And ORS

WPA 12124 of 2025 Mahadev Udyog & Ors.

Vs.

The Howrah Municipal Corporation & Ors.

16-06-2025 AKG Ct. 15 Mr. Sanjib Seth ...for the Petitioners Mr. Sandipan Banerjee, Mr. Ankit Sureka ...for HMC Learned advocate appearing for the petitioners submits that, based on a false complaint alleging unauthorised construction at premises no. 52/23/A, Foreshore Road, under Ward No. 36 of Howrah Municipal Corporation (now renumbered as 100, Foreshore Road), the Howrah Municipal Corporation initiated demolition proceedings. It is submitted that although the petitioners were afforded a hearing, the demolition order was passed without any prior inspection of the premises.

Learned advocate appearing for the Howrah Municipal Corporation submits that the Corporation is willing to conduct a fresh inspection and, thereafter, afford a fresh opportunity of hearing to the petitioners before taking any further decision.

In view of the aforesaid stand taken by the Corporation, the demolition order dated April 29, 2025, is hereby set aside. The Corporation shall conduct a fresh inspection of

the premises after giving due notice to the petitioners, within a period of four weeks from the date of this order. Subsequently, the Corporation shall provide the petitioners an opportunity of hearing and shall take an appropriate decision regarding the issue of unauthorised construction, in accordance with law.

It is further directed that the Corporation shall also afford a hearing to Mr. Ramesh Kr. Jaiswal, at whose instance the demolition order dated April 29, 2025, was initially passed.

Accordingly, WPA 12124 of 2025 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)