Sri Dharmendar Yadav v. The Howrah Municipal Corporation And ORS.

WPA 25316 of 2023 Sri Dharmendar Yadav Vs.

The Howrah Municipal Corporation & Ors.

Mr. Sunny Nandy, Mr. Satya Prakash Shaw, Ms. Tamalika Dutta, Ms. Shusmita Shaw ...for the Petitioner Md. Mansoor Alam, Ms. Suvashree Ghosh ...for the State Mr. Sandipan Banerjee, Mr. Ankit Surekha, Mr. Sobhan Majumder, Ms. Shetparna Ray ...for Howrah Municipal Corporation 24-06-2024 AKG Ct. 15 The petitioner alleges that respondent no. 9 obtained a sanction for a G+2 building in respect of a premises at 134/9, Shib Gopal Banerjee Lane, Howrah-711 106. He, in violation of the sanctioned plan, has raised a G+7 building.

Respondent no. 9 is not represented despite notice. Let the notice served upon respondent no. 9 by the petitioner be kept with the records.

The Corporation does not dispute the submissions made by the petitioner. The Corporation submits that an inspection had been carried out at their instance even before the complaint was lodged by the petitioner. Upon inspection, it was found that respondent no. 9 had made an unauthorised construction and a self demolition notice was issued upon him.

Respondent no. 9, however, did not take any step following the self demolition notice.

It has been submitted by the Corporation that follow up steps will be taken by it under Section 177

(8) of the Howrah Municipal Corporation Act, 1980. In view of the above, I dispose of the writ petition with a direction upon the Howrah Municipal Corporation to complete the demolition proceeding within a period of three months from this date in accordance with law.

WPA 25316 of 2023 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.)