Sandhya Banerjee v. State Of West Bengal And ORS.

06.01.2025 Sl. No.17 Ct. No.15 S.A.

WPA 15090 of 2024 Sandhya Banerjee -vsThe State of West Bengal & Ors.

Mr. Yashraj Roy Mr. Abhisek Banerjee ...for the petitioner Ms. Sabnam De Bardhan ...for the State Mr. Sandipan Banerjee Mr. Santanu Chatterjee ...for Howrah Municipal Corporation Mr. Nilanjan Bhattacharjee Mr. Abhilash Chatterjee ...for the private respondents The petitioner alleges unauthorized construction at the behest of Respondent No. 9 at premises No. 101, Salkia School Road, Post OfficeSalkia, Police Station- Golabari, District- Howrah. The petitioner further contends that although Respondent No. 9 obtained approval for a building plan for a G+3 storied structure, she has constructed two additional floors in violation of the sanctioned plan.

The learned advocate representing Respondent No. 9 submits that a partition suit is pending between the parties and that the petitioner has failed to disclose the filing of the suit in this writ petition. On the other hand, Howrah Municipal Corporation submits that a stop-work notice has already been issued to Respondent No. 9 regarding the alleged unauthorized construction. Additionally, a

self-demolition notice has been issued to her. The Corporation further indicates that an inspection team will visit the premises shortly to assess the extent of the unauthorized construction.

In light of the above, I find no justification for keeping this writ petition pending.

Accordingly, this writ petition is disposed of with a direction to Howrah Municipal Corporation to take necessary steps for the demolition of any unauthorized construction at the aforementioned premises, in accordance with the law, and after providing due notice to all concerned parties. Accordingly, WPA 15090 of 2024 is disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities.

(Kausik Chanda, J.)