M/S. Unique Construction v. The Hoewrah Municipal Corporation And ORS.

13.02.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 21048 of 2022 M/s. Unique Construction -versus The Howrah Municipal Corporation & Ors.

Mr. Pawan Kumar Gupta, Ms. Sofia Nesar, Mr. Santanu Sett, Mr. Abhijit Bose.

...For the Petitioner.

Mr. Sandipan Banerjee, Mr. Ankit Sureka, Mr. Sobhan Majumder.

...For HMC.

A compliance report has been filed by the Officerin-Charge, Borough-VI, Howrah Municipal Corporation signed on 10th February, 2023 mentioning all the deviations at the subject premises.

It appears therefrom that there has been deviation of 233 sq.ft. in each of the three floors constructed in the G+2 storied building. The total deviation in three floors is 700 sq.ft.

Let a copy of the report with the sketch map be forwarded to the learned advocate appearing for the petitioner.

The Corporation shall take steps in the matter in accordance with law, at the earliest, but positively

within a period of twelve weeks from the date of communication of a copy of this order.

It is made clear that the order passed by the learned court below in appeal passed in Misc. Appeal No. 22 of 2022 shall be restricted only to portions which were constructed authorizedly and not in respect of any portion constructed in violation/deviation of the sanctioned plan.

The writ petition stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)