Shweta Shrivastava v. Hmc And ORS.

08.02.2024 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 14089 of 2023 Shweta Shrivastava -versus The Howrah Municipal Corporation & Ors.

Mr. Ayan Mitra, Ms. Antara Panja, Ms. Supriya Mahajan.

...For the Petitioners.

Mr. Sandipan Banerjee, Mr. Ankit Sureka.

...For HMC.

Mr. Abhisek Banerjee.

...For the Respondent No.6.

Premises no. 1, Gopal Ghosh Lane, Ward No. 6, P.S.-Malipanchghora under jurisdiction of Howrah Municipal Corporation is facing an order of demolition. The petitioner claims to be one of the co-owners of the subject property.

Plan has been obtained for construction of G+1 storied building. The person responsible constructed three extra floors without any sanction.

The Corporation intends to demolish the unauthorized construction and has taken steps for demolition of the same.

Allegation is that inspection was not caused prior to the order of demolition being passed.

Learned advocate appearing for the Corporation submits, upon instruction that, all steps in accordance with law were taken prior to passing the order of demolition.

As it prima facie appears from the submissions made on behalf of all the parties and upon perusal of the materials on record that admittedly three additional floors were constructed without any sanction, accordingly, the Court is not inclined to interfere with the order of demolition in respect of those three additional floors.

As regards the G+1 storey which has been constructed with the sanction, however, in deviation thereof, the Corporation shall hand over the petitioner the documents as prayed for.

No further relief can be granted to the petitioner in the instant case.

The writ petition stands disposed of.

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

( Amrita Sinha, J.)