Manoj Jaiswal & ORS v. Howrah Municipal Corporation & ORS

25.01.2021 SL No.9 Court No.24 (P.M.) WPA 22717 of 2019 Manoj Jaiswal & Ors.

Vs.

The Howrah Municipal Corporation & Ors.

Mr. Anil Kumar Chattopadhyay ... for the petitioners Mr. Sandipan Banerjee, Mr. Ankit Sureka ... for Howrah Municipal Corporation.

Mr. Prasenjit Barman .... for respondent No. 6 Mr. Amritalal Dhar, Ms. Piyali Pal Roy, Ms. Reema Coomar ... for respondent No. 7 The petitioners have filed an instant writ application praying for direction upon the respondent authorities not to demolish the tenanted portion standing at the premises No. 35/9, Hamid Munshi Lane, P.S. Howrah - 711101. Learned advocate appearing for the Howrah Municipal Corporation relies upon an order dated 25th June, 2019 passed in W.P. No. 7992 (W) of 2019 (Om Prakash Jaiswal Vs Howrah Municipal Corporation & Ors.) wherefrom it appears that the Court directed the respondent authority to depute a competent officer to conduct an inspection in the concerned property and to ascertain as to whether there has been any unauthorised construction or not.

The representative of Howrah Municipal Corporation has come to a specific finding of unauthorized construction and steps have been taken to demolish the same. It appears that the petitioners are aggrieved by the steps taken by the Howrah Municipal Corporation for demolition of the unauthorised construction.

It is recorded that the Howrah Municipal Corporation shall act in accordance with law at the time of taking steps in the demolition proceedings.

No further order is required to be passed in the instant writ petition.

WPA 22717 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.)