Calcutta High Court (Appellete Side)
Ranjit Pal & Another vs Howrah Municipal Corporation & Others on 7 February, 2012
Author: Soumitra Pal
Bench: Soumitra Pal
1
07.2.2012. W.P. 176 (W) of 2012
Ranjit Pal & Another
Vs
Howrah Municipal Corporation & Others
Ms. Sraboni Biswas.
... For Petitioners
Mrs. Smritikana Biswas.
... For H.M.C.
In the writ petition, the petitioners have prayed
for a direction upon the authorities of the Howrah
Municipal Corporation to reconsider the entire issue of
construction made at the site in question on the basis
of as-made plan submitted by the petitioners. On the
last occasion, it was submitted on behalf of the
petitioners that the Assistant Engineer, Borough-V,
Howrah Municipal Corporation, the respondent no. 3
has not been authorised to pass an order of demolition.
Mrs. Mukherjee, learned advocate appearing on behalf of the Howrah Municipal Corporation submits that the order was passed by the Borough Committee-V of the Corporation who are competent to pass the order and pursuant thereto the respondent no. 3 has communicated the order by memo dated 9th December, 2011 directing the petitioners to demolish the construction raised illegally. It appears from the letter dated 28th December 2011 addressed by the petitioners to the respondent no. 3 that they had admitted that a construction has been raised illegally by deviating from the sanctioned plan and request was made for regularising the construction and for withdrawal of the B.M.R. case.
Since it is submitted by Mrs. Mukherjee, learned advocate 2 for the Howrah Municipal Corporation that demolition order was passed by the Borough Committee-V and as I find from the letter dated 28th December, 2011 that the petitioners had admitted that construction was raised by deviating from the sanctioned plan, no order is passed on the writ petition. The writ petition is dismissed.
There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the appearing parties on priority basis.
(SOUMITRA PAL, J.)