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Calcutta High CourtWPA/13387/2021disposed

Arjun Das v. Howrah Municipal Corporation And ORS

2021-11-18Hon'Ble Justice Shampa Sarkar2 pages

18.11.2021 Court No. 19 Item no.26 CP WPA 13387 of 2021 Sri Arjun Das Vs.

The Howrah Municipal Corporation & ors.

Mr. Animesh Paul ......for the petitioner.

Mr. Sandipan Banerjee Mr. Ankit Surekha .....for the H.M.C.

Affidavit of service is taken on record. Despite service none appears on behalf of the respondent no. 5.

The petitioner has alleged unauthorized construction on Plot No. 4201, Mouza - Unsani, Goyal Bati, Howrah.

Mr. Banerjee, learned advocate appearing on behalf of the Howrah Municipal Corporation relies on page 20 of the writ petition and submits that proceedings under Section 177(1) of the Howrah Municipal Corporation Act, 1980 was initiated. A hearing was given and an order of self-demolition has been passed. He also submits that some procedural aspects are required to be completed by the Howrah Municipal Corporation as the respondent no. 5 has not complied with the order of self-demolition. Under such circumstances, the writ petition is disposed of with a direction upon the Howrah

Municipal Corporation to reach the order of demolition to its logical conclusion upon issuing a notice in advance to the respondent no. 5.

The Howrah Municipal Corporation shall complete the proceedings within a period of three months from the date of communication of this order.

The writ petition is disposed of accordingly. There shall be no order as to costs.

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

(Shampa Sarkar, J.)