Rupali Nag v. State Of West Bengal And ORS.

Item No. 7 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 14.11.2022 Ct-24 WPA 15143 of 2022 Rupali Nag -vs.- The State of West Bengal & Ors.

Mr. Bhudev Chatterjee Mr. Joy Chakraborty Mr. R. Banerjee ...For the Petitioner.

Mr. Ayan Mitra ...For the private respondent.

Mr. Sandipan Banerjee Mr. Sobhan Majumder Mr. Ankit Sureka ... for HMC.

The Howrah Municipal Corporation has filed a report before this Court. Copy of the report has been handed over to learned advocates appearing on behalf of the petitioner as well as the private respondent. It appears therefrom that a stop work notice was served upon Sri Somnath Ghosal and Smt. Soma Ghosal, the persons carrying on the work of construction. Hearing was taken on April 13, 2022 and self-demolition letter was issued on July 8, 2022. As the persons responsible did not act in accordance with the self-demolition notice, a second self-demolition notice was issued on July 26, 2022.

The report mentions that presently construction is being done in the 3rd floor at rear space on the eastern side of old G+3 storied building.

As it appears from the report that the selfdemolition notice is yet to be acted upon by the person responsible for making construction, accordingly, the Howrah Municipal Corporation is directed to proceed with the demolition work in accordance with law, at the earliest.

The writ petition stands disposed of.

Report dated November 11, 2022 be retained with the records.

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

Sh (Amrita Sinha, J.)