Dipankar Ghosh v. The Howrah Municipal Corporation And ORS.

28.11.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 23837 of 2022 Dipankar Ghosh -versus The Howrah Municipal Corporation & Ors.

Mr. Anil Kumar Chattopadhyay, Ms. Moumita Chatterjee.

...For the Petitioner.

Mr. Sandipan Banerjee, Mr. Santanu Chatterjee.

...For HMC.

Affidavit-of-service filed in Court today is taken on record.

None appears on behalf of the respondent No. 4 in spite of service.

The petitioner claiming to be the owner of the Premises No. 132, Madhusudan Pal Choudhury Lane submits that the building in question is in a very dilapidated condition and is required to be demolished for the safety of the inmates and the passerby. The petitioner has annexed photocopy of the board of 'dangerous building' affixed on the structure standing on the said premises.

The petitioner seeks permission of the Howrah Municipal Corporation to demolish the dilapidated structure.

The postal article served upon the respondent No.4 has returned with the postal endorsement "insufficient address".

The writ petition is disposed of by granting liberty to the petitioner to approach the Howrah Municipal Corporation with his prayer along with supporting documents.

The Howrah Municipal Corporation shall cause a spot inspection to ascertain the structural health of the building and thereafter take a decision as to whether the same is required to be demolished or not. A reasoned order shall be passed and communicated to the parties upon perusal of the spot inspection report and after giving reasonable opportunity of hearing to all the necessary parties. 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.)