Calcutta High Court (Appellete Side)
Subir Karati vs The Howrah Municipal Corporation & Ors on 7 August, 2019
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
019
W.P. 8376(W) of 2019
Subir Karati
Vs.
The Howrah Municipal Corporation & Ors.
Mr. Tapan Kumar Rakshit,
Mr. Surajit Roy
... For the Petitioner.
Mr. Ankit Sureka
... For the HMC.
Ms. Sudipa Roy,
Mr. Srinath Singha Roy
... For the State.
Mr. Sanjib Mitra
... For the Respondent Nos. 6-8.
The petitioner files the present writ petition for a direction upon the Howrah Municipal Corporation to take steps for demolition of the two storied building without having any sanctioned plan.
Mr. Rakshit, learned Advocate appearing for the petitioner submits that long back time and again the petitioner lodged complaint before the Howrah Municipal Corporation. Unfortunately, no step has been taken by the Howrah Municipal Corporation to demolish the illegal construction. In support of his contention Mr. Rakshit draws the attention of the court at page 50 of the writ petition wherefrom it is revealed that Chairman, Borough No.III, Howrah Municipal Corporation has given notice to the petitioner for hearing on the issue that without obtaining any sanctioned plan, the private respondent has constructed illegal and unauthorised construction. Thereafter on 7th June, 2016, the Chairman, Borough No.III, Howrah Municipal Corporation after taking retention fees, regularised that illegal construction though the Statute does not 2 give the Corporation that authority. He submits that illegal construction by giving retention fees can be regularised only on little bit of deviation from the sanctioned plan after depositing retention fees can be regularised but not total unauthorised construction beyond sanctioned plan.
On the last occasion Mr. Sureka, learned Advocate appearing for the Howrah Municipal Corporation prayed for some time to take complete instructions. Today, on instructions Mr. Sureka submits that unauthorised construction exiss there. Therefore, Mr. Sureka submits that very soon a proceedings under Section 177 of the Howrah Municipal Corporation Act will be initiated against the private respondents.
That being the scenario, I direct the Howrah Municipal Corporation to initiate proceedings under Section 177 of the Howrah Municipal Corporation Act without any further delay but positively within one week from today and complete the entire proceedings within six weeks.
Let the matter appear on 18th September, 2019 at 10-30 a.m. to enable Mr. Sureka to file the compliance report.
( Samapti Chatterjee, J. )