Amar Bodhak v. The State Of West Bengal And ORS.

Ct No 10.05 In the High Court At Calcutta Constitutional Writ Jurisdiction AGM Appellate Side WPA 22130 of 2022 Amar Bodhak Vs The State of West Bengal & Ors.

Mr. Shyamal Chakraborty Mr. Debajyoti Mondal ... For the Petitioner.

Ms. Sonal Sinha ...For the HMC.

Mr. Jahar Dutta Mr. Bipin Ghosh ... For the State.

Affidavit-of-service filed in Court today be kept with the records.

The petitioner seeks implementation of the selfdemolition notice issued by the HMC to the respondent no. 9 way back on 23.03.2022.

Learned advocate representing the HMC admits that no further steps have been taken after the self-demolition notice was issued.

The time period within which action ought to have been taken as per the self demolition notice has long expired.

As the HMC has already issued a self demolition notice, accordingly, it is the bounden duty of the Corporation to take steps for implementation of the same. Issuing a self-demolition notice and not implementing the

same amounts to serious miscarriage of justice and perpetration of the illegality committed by the person responsible.

HMC is, accordingly, directed to take immediate steps for demolition of the unauthorised construction at the earliest but positively within a period of twelve weeks from the date of communication of this order. The respondent nos. 7 and 8, that is, the police authorities are directed to render all necessary help and assistance to the men and agents of the HMC at the time of implementing the order of demolition, if sought for. The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)