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Calcutta High CourtWPA/22845/2024disposed

M/S. T.S. Construction And ORS. v. Howrah Zilla Parishad And ORS.

2024-09-26Hon'Ble Justice Kausik Chanda2 pages

WPA 22845 of 2024 M/s. T. S. Construction & Ors.

Vs.

Howrah Zilla Parishad & Ors.

Mr. Ayan Banerjee, Ms. Sudeshna Chanda ...for the Petitioner Ms. Mekhla Sinha, Ms. Malabika Roy Dey ...for Howrah Zilla Parishad Ms. Mohana Das ...for Respondent No. 9 26-09-2024 AKG Ct. 15 The petitioners were accused of unauthorised construction by respondent no. 9 at R.S. Dag No. 1455, Khatian No. 1354, L. R. Dag No. 1568, Mouza - Chakpara, Liluah, Howrah.

The Howrah Zilla Parishad submits that unauthorised construction by the petitioners beyond the sanctioned plan had been detected and after hearing the parties, a demolition order was passed on August 12, 2024.

The petitioners submit that the said demolition order has not yet been implemented and they seek regularization of the unauthorised construction. I am of the view that the Howrah Zilla Parishad should revisit the matter in the light of the Regulation 15, Chapter 4 of Howrah Zilla Parishad Bye Laws to decide if there is any scope of regularising the

unauthorized construction.

Let such exercise be carried out within a period of six weeks from the date of communication of this order and till such decision is reached the demolition order dated August 12, 2024, shall not be given effect to.

The Zilla Parishad in arriving at its decision shall give an opportunity of hearing to the petitioners and respondent no. 9.

Accordingly, WPA 22845 of 2024 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)