Md. Danish Alam v. Howrah Municipal Corporation And ORS.

S/L 2 08.10.2024 Court. No. 551 Suvayan WPA 16982 of 2024 Md. Danish Alam Vs.

Howrah Municipal Corporation & Ors.

Mr. Rishav Singh Mr. Sagar Kumar Mishra Ms. S. Upadhaya Mr. Soumalya Dutta ...for the petitioner.

Mr. Sandipan Banerjee Mr. Ankit Surekha ...for the Corporation.

Mr. Arka Pratim Chowdhury Mr. Satya Prakash Shaw ...for the private respondent.

1.

By filing the instant writ petition the writ petitioner alleges illegal construction at the behest of the private respondent no. 6 at 33, Madar Tall Lane, near Fish Galli, Pilkhana, Salkia, West Bengal - 711101. 2.

It is submitted that the factum regarding illegal construction at the abovementioned premises was brought to the notice of the respondent no. 2 by issuing a notice dated 04.05.2024 but in vein.

3.

Learned Advocate for the Howrah Municipal Corporation submits before this Court that they are ready and willing to consider the grievance of the writ petitioner as communicated under cover of letter dated 04.05.2024 in accordance with law.

4.

In view of such while disposing the instant writ petition, this Court directs the respondent no. 2 to cause an inspection by a designated engineer under his control at the aforementioned premises after serving notice upon the writ petitioner and the private respondent no. 6.

5.

Liberty is given to the respondent no. 2 and/or his delegate to consider such representation as well as the inspection report, if there by any, ensuring the presence of the writ petitioner and the private respondent and thereafter shall pass a reasoned order in accordance with law and shall communicate such order both to the writ petitioner and the private respondent either by speed post or by Email if the details of the Emails accounts of the writ petitioner and the private respondent are provided to him at the time of hearing.

6.

Learned Advocate for the Howrah Municipal Corporation is requested to communicate this order to the respondent no. 2.

7.

Before parting with, it is made clear that the entire exercise as indicated hereinabove is to be completed by the last day of December, 2024.

8.

The time limit as fixed by this Court is mandatory and peremptory.

9.

The respondent no. 2 is directed to act on the server copy of this order.

10.

With the aforementioned observations, the instant writ petition being WPA 16982 of 2024 is hereby disposed of.

11.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Partha Sarathi Sen, J.)