Sanat Kr Ghosh v. The H M C And ORS

Item No.2 03.06.2025 Court. No. 8 GB/srm (Vacation Bench) MAT 823 of 2025 With CAN 1 of 2025 Sri Sanat Kumar Ghosh Vs.

The Howrah Municipal Corporation & Ors.

Mr. Sanjib Seth ... for the Appellant.

Mr. Sandipan Banerjee, Mr. Ankit Sureka ... for the HMC.

The order of the Hon'ble Single Bench dated May 21, 2025 in WPA 4388 of 2025 is under challenge.

The appellant has stated that the demolition order passed by the Howrah Municipal Corporation/respondent with respect to the residential building of the appellant is required to be stayed.

It has been brought to our knowledge that a representation of the appellant dated February 20, 2024 is still pending before the respondent municipal corporation for consideration by dint of which the appellant has prayed for regularization of the portion of the residential building/dwelling house of the appellant.

Considering the facts and circumstances, it is found proper to dispose of this appeal by directing the respondent corporation to consider and decide with respect to the representation of the appellant dated February 20, 2024 after giving opportunity of hearing to the appellant and by dint of a reasoned order.

Let the exercise as above be concluded by the Commissioner, Howrah Municipal Corporation within a period of four months from the date of communication of the copy of this order. Till the date the Commissioner decides the appellant's application as above, let no further step be taken pursuant to the notice of demolition earlier issued by the respondent corporation.

Accordingly, MAT 823 of 2025 along with CAN 1 of 2025 are disposed of.

Parties are directed to act on the basis of the server copy of this order.

(Apurba Sinha Ray, J.) (Rai Chattopadhyay, J.)