Calcutta High CourtWPA/16049/2024disposed

Biswajit Poddar v. Howrah Municipal Coroporation And ORS.

2025-01-20Hon'Ble Justice Kausik Chanda3 pages

SL.11 20.01.2025 Court No.15 S. Gayen WPA 16049 of 2024 Biswajit Podder

Versus

Howrah Municipal Corporation & Ors.

Mr. Sandipan Banerjee Mr. Ankit Sureka ...for the Howrah Municipal Corporation.

Mr. M.P. Gupta Mr. Ayan Mitra Mr. Sartak Singh Mr. Aditya Sinha Ms. Antara Panja Ms. Shinjita Ray ...for the Private Respondent.

Mr. Pantu Deb Roy, ld. A.G.P.

Mr. Sanatan Panja ...for the State.

This writ petition has been filed challenging the demolition order dated June 11, 2024, concerning a building located at 133, Deshbandhu Sarani, Ward No. 45, under the jurisdiction of the Howrah Municipal Corporation.

It appears that the demolition order was passed after providing an opportunity to the petitioner and following a fresh spot inspection conducted in compliance with the order passed by a Division Bench

of this Court in FMA 381 of 2024, dated March 19, 2024.

However, the demolition order did not specify which part of the construction was to be demolished. A report has been filed today before this Court, indicating the extent of the unauthorized construction. The learned advocate appearing for the Corporation further submits that the columns on the 5th floor of the building have already been demolished. In light of these facts, there is no justification for keeping this writ petition pending.

Accordingly, I dispose of the writ petition with a direction to the Corporation to prepare a demolition sketch map as expeditiously as possible, in accordance with the report filed before this Court today. The Corporation shall serve a copy of the demolition sketch map, along with the report filed before this Court today, upon the petitioner within two weeks from the date of this order. Thereafter, the demolition order shall be executed in accordance with the law.

With the above observations and directions, WPA 16049 of 2024 stands disposed of.

Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all requisite formalities.

(Kausik Chanda, J.)