Sova Kanrar And Others v. State Of West Bengal And ORS.

S/L 6 05.01.2022 Court. No. 19 GB W.P.A. 17875 of 2021 Smt. Sova Kanrar & Ors.

VS The Howrah Municipal Corporation & Ors.

(Through Video Conference) Mr. Rudranil Das.

... for the Petitioners.

Mr. Jahar Datta, Mr. Bipin Ghosh.

... for the State.

Mr. Sandipan Banerjee.

... for the H.M.C.

The petitioners allege that the Howrah Municipal Corporation has not issued any notice of hearing to the petitioners. The petitioners are the complainants before the Howrah Municipal Corporation.

On the basis of the complaint filed by the petitioners, the proceeding for demolition has been initiated. A show cause-cum-stop work notice has been handed over before this Court issued by the Assistant Engineer, Building Department, Howrah Municipal Corporation indicating that the hearing has been fixed on January 6, 2022 before the competent authority of the Howrah Municipal Corporation at 12.45 p.m. The said show cause notice is taken on record. The petitioners pray before this Court that they may be allowed to participate at the hearing.

This Court does not find any reason not to allow such prayer .

Mr. Sandipan Banerjee, learned advocate for the Howrah Municipal Corporation also submits that the petitioners may appear before the concerned authority through their representative at the hearing and they shall be allowed to make their submissions and adduce evidence in support of their contentions.

No further notice is required to be served as the order of this Court shall be binding on the parties and the Corporation shall allow the petitioners to participate at the hearing on the scheduled date and time.

Needless to mention, the Corporation shall conclude the proceeding expeditiously and reach the same to its consequences, in accordance with law.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the learned advocates' communication.

(Shampa Sarkar, J.)