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Calcutta High CourtWPA/26999/2023disposed

Aparna Mitra And ORS. v. State Of West Bengal And ORS.

2024-03-07Hon'Ble Justice Amrita Sinha2 pages

45-46 09.04.2026 Ct. No.18 pg.

IN THE HIGH COURT AT CALCUTTA

SPECIAL CIVIL JURISDICTION APPELLATE SIDE CPAN 1534 of 2024 in WPA 25314 of 2023 Provash Chandra Chakraborty v.

Smrutiranjan Mohanty with WPA 26999 of 2023 Smt. Aparna Mitra & Ors.

v.

The State of West Bengal & Ors.

Mr. K.K. Chakraborty Mr. Aman Gupta Mr. Ishan Bhatttacharya ... For the petitioner in CPAN 1534 of 2024 Mr. Sandipan Banerjee ... For the Contemnor/HMC 1.

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

2.

Report of the Howrah Municipal Corporation dated 9th April, 2026 signed by the Assistant Engineer, Demolition (Building Department) and the Assistant Engineer (Building Department) of the Howrah Municipal Corporation in Court today be retained with the records.

3.

It appears therefrom that the building in question is a ground plus four storied structure. Sanction was accorded to ground plus three storied building. Deviation has been found on all the

floors from the ground floor to the third floor. The fourth floor has been constructed without any sanctioned plan.

4.

Self-demolition notice had been issued but the same has not been complied with. An 'As-made' plan upto third floor has been submitted before the authority for taking decision on the same. Pending consideration of the as-made plan the Corporation has proceeded to demolish the fourth floor. Only partial demolition could be made. The balance still remains.

5.

The Corporation is directed to proceed with the demolition of the balance unauthorized construction of the fourth floor till a decision is taken on the as-made plan.

6.

Re-list the matter on 11th June, 2026.

7.

An updated report shall be placed before this Court on the adjourned date.

8.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

9.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)