Madhusudan Debnath v. Howrah Municipal Corporatin And ORS

Sl. No.10 05.09.2022 Court No.24 B.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 18297 of 2022 Madhusudan Debnath vs.

Howrah Municipal Corporation & Ors.

Mr. Haradhan Banerjee Mr. Amitava Pain Mr. Subhrangshu Datta ... for the petitioner Mr. Debjit Mukherjee Ms. Susmita Chatterjee Ms. Dipanwita Ganguly Mr. Kaustav Bhattacharyya ... for the private respondents Mr. Jaharlal De Mr. Shamim Ul Bari ... for the State Mr. Sandipan Banerjee Mr. Sobhan Majumder Mr. Ankit Sureka ... for Howrah Municipal Corporation The petitioner alleges illegal and unauthorised construction by the private respondent in holding No.94/1, Abinash Chandra Banerjee Lane, P.S. & P.O. Shibpur, District-Howrah, Ward No.33 under the jurisdiction of the Howrah Municipal Corporation. Learned advocate for the petitioner as well as the private respondent submits that a hearing was conducted by the Corporation but final order is yet to be passed.

Learned advocate for the private respondent submits that his client is making construction on the basis of the plan sanctioned in his favour by the Howrah Municipal Corporation.

As it appears that the Howrah Municipal Corporation has already acted in response to the complaint filed by the petitioner and has conducted a hearing, it is expected that the Howrah Municipal Corporation shall conclude the proceeding at the earliest but positively within a period of four weeks from the date of communication of this order.

A reasoned order shall be passed by the Howrah Municipal Corporation and the same shall be communicated to all the parties immediately thereafter. In the event, Corporation is of the opinion that there is any unauthorised construction as alleged or at all, then necessary steps shall be taken by the Corporation to deal with the same in accordance with law.

Affidavit of service filed in Court is taken on records.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities ( Amrita Sinha, J.)