Amalesh Karar v. Howrah Municipal Corporation

10.01.2024 Court No. 24 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 26708 of 2023 Amalesh Karar -versus Howrah Municipal Corporation & Ors.

Ms. Shebatee Datta.

Ms. Babita Dey.

... For the petitioner.

Mr. Sandipan Banerjee.

Mr. Ankit Sureka.

Mr. Santanu Chatterjee.

... for the H.M.C.

The petitioner complaints that despite direction passed by this Court in the earlier writ petition filed by the petitioner being WPA 8570 of 2020, the Corporation has not taken steps to deal with the unauthorised construction at plot no. 4, Khagendra Nath Ganguly Lane.

Learned advocate representing the Corporation submits that steps have been taken in compliance of the direction passed by the Court on 1st July, 2021 in WPA 8570 of 2020.

It has been submitted that the steps shall be taken in the mater till the unauthorised construction has been demolished.

The instruction forwarded by the Corporation be retained with the records.

The Commissioner, Howrah Police Commissionerate through the Officer-in-Charge, Golabari Police Station is directed to render adequate police protection and all necessary

assistance and cooperation to the men and agents of the Howrah Municipal Corporation at the time of implementing the order of demolition, if sought for. The police is also directed to keep strict vigil over the property that construction in any manner whatsoever is not carried out at the subject premises.

The police shall also ensure that no third party right is created in respect of the structure constructed unauthorisedly.

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.)