Mira Acharya @ Acharjee And ANR. v. State Of West Bengal And ORS.

06.11.2024 AKG Ct.No.15 WPA 15956 of 2023 Mira Acharya @ Acharjee & Anr.

Vs.

The State of West Bengal and Ors.

Mr. Swagata Datta, Mr. Koushik Choudhury, Ms. Mitali Mukherjee, Ms. Bushra Khatton ...for the Petitioners Mr. Himadri Sikhar Chakraborty, Ms. Susnita Saha ..for the State Mr. Ankit Surekha ...for HMC The petitioners allege unauthorised construction at 71, Sadar Boxi Lane Danu Bose Lane, Howrah711101 under Howrah Municipal Corporation. The petitioners further allege that the unauthorised construction is obstructing the access to air and light in the premises where she resides as a tenant.

It is the grievance of the petitioners that they made a representation before the Chairman, Howrah Municipal Corporation by a letter dated May 22, 2024, but no steps have been taken by the Corporation. Learned advocate representing the Howrah Municipal Corporation submits that the representation dated May 22, 2024, shall be considered by the Corporation in accordance with law. He further

submits that the petitioners and the person responsible for the unauthorised construction shall be heard before any decision is taken by the Corporation. In view of the aforesaid, I dispose of this writ petition with a direction upon the Howrah Municipal Corporation to make a spot inspection within a period of two weeks from date by a competent officer. Thereafter the Corporation shall take necessary steps in accordance with law regarding the alleged unauthorised construction giving due opportunity of hearing to the petitioners or her representatives and all concerned.

Accordingly, WPA 15956 of 2024 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)