Md Abbas v. Howrah Municipal Corporation And ORS

07.09.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 16619 of 2022 Md. Abbas -versus Howrah Municipal Corporation & Ors.

Mr. Sanjoy Saha, Mr. Probal Sarkar.

...For the Petitioner.

Mr. Ayan Banerjee, Ms. Debasree Dhamali.

...For the Bally Municipality.

Mr. Sandipan Banerjee ...For HMC Affidavit-of-service filed in Court today is taken on record.

The petitioner prays for implementation of the order of demolition passed by the Howrah Municipal Corporation.

The property in question presently falls under the jurisdiction of the Bally Municipality.

The Bally Municipality is yet to inspect the premises and take a decision with regard to the same. The petitioner has not filed any representation before the Bally Municipality highlighting the facts of the case and order of demolition passed by the Howrah Municipal Corporation in respect of the premises in question.

In view of the above, the instant writ petition is disposed of by granting liberty to the petitioner to approach the Bally Municipality with his grievances along with supporting documents in his favour. In the event such a representation is made, the same shall be considered by the Bally Municipality strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties and thereafter pass a reasoned order within a period of twelve weeks from the date of filing the representation and communicate the same to all the necessary parties immediately thereafter.

The competent officer of the Bally Municipality is directed to conduct a spot inspection upon prior notice to all the necessary parties before passing the final order in the matter.

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.)