Ganesh Shaw v. The Howrah Municipal Corporation & ORS

30.06.2021.

d.p.

W.P.A 19885 of 2019 (Via Video Conference) Ganesh Shaw -versus The Howrah Municipal Corpration & Ors.

Mr. Sobhan Majumder.

...For the Petitioner.

Mr. Sandipan Banerjee, Mr. Ankit Sureka.

...For the HMC.

Complaining illegal and unauthorized construction at the adjacent premises, the petitioner made a representation before the Howrah Municipal Corporation in September, 2019.

The writ petition has been filed alleging inaction on the part of the Howrah Municipal Corporation to take steps to consider the representation.

The learned advocate appearing for the Howrah Municipal Corporation submits, upon instruction, that on receipt of the objection from the petitioner an inspection was conducted and a hearing was taken by the Corporation. On inspection, it was detected that illegal construction was admittedly done by the person responsible.

The Howrah Municipal Corporation seeks time to initiate appropriate proceeding for removal of the unauthorized construction.

None appears on behalf of the private respondents in spite of service.

As it appears that the Howrah Municipal Corporation has already taken steps pursuant to the objection filed by the petitioner, accordingly, the writ petition is disposed of by directing the respondent No. 3 being the Assistant Engineer, Borough-IV to take necessary steps in accordance with law, in furtherance to the inspection report, at the earliest, but positively within a period of three months from the date of communication of a copy of this order.

The Officer-in-Charge, Howrah Police Station being the respondent No. 4 is directed to provide necessary assistance to the officers of the Howrah Municipal Corporation at the time of demolition of the unauthorized construction, if necessary.

WPA 19885 of 2019 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.)