Swapan Mukherjee v. Howrah Municipal Corporation And ORS

Sl. No.13 09.11.2022 Court No.24 B.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 20673 of 2022 Swapan Mukherjee versus The Howrah Municipal Corporation & Ors.

Mr. Soujanya Bandyopadhyay ... for the Petitioner.

Mr. Sandipan Banerjee Mr. Sobhan Majumder Mr. Ankit Sureka ... for the Howrah Municipal Corporation Mr. Arindam Banerjee Mr. Debdut Mukherjee Mr. Gaurab Kumar Das ... for the respondent nos.10 & 11 Mr. Naba Kumar Das Mr. Subhabrata Das ... for the State The matter relates to the premises no.53/3/C, Rabindra Sarani, Police Station -Liluah, Ward No.66, Howrah-711 204.

The petitioner prays for implementation of the order dated 29th June, 2022 passed by the Assistant Engineer-in-charge, Building Department, Howrah Municipal Corporation directing the persons responsible to cause self demolition of the deviated portions as mentioned in the joint inspection report within fifteen days and in default, the Corporation to cause demolition of the unauthorised construction and

deviated portions and recover the costs from the persons responsible.

It appears that the said order was passed in compliance of the direction passed by the Court in WPA 8799 of 2021.

The said order has not been implemented till date.

Learned advocate for the Howrah Municipal Corporation submits that the Corporation is obliged to take steps for implementing the said order of demolition but as no specific time limit has been mentioned within which the demolition is to be carried out, steps have not been taken as yet.

Learned advocate representing the private respondents submits that an application has been preferred before the Howrah Municipal Corporation praying for regularising the portion which have been directed to be demolished by the Corporation. It appears from the submission made on behalf of the parties that the order dated 29th June, 2022 is yet to be stayed/set aside/modified by any Court of competent jurisdiction.

The time to cause self demolition has expired long back.

The Howrah Municipal Corporation is duty bound to implement the said order at the earliest.

In view of the above, the present writ petition stands disposed of by directing Howrah Municipal Corporation to take steps for implementing the order dated 29th June, 2022 positively within a period of sixty days from the date of communication of this order, in the event the said order is not set aside/ varied/ modified or stayed by any Court of competent jurisdiction.

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.)