Calcutta High Court (Appellete Side)
Smt. Sipra Mondal vs The Howrah Zilla Parishad & Anr on 28 February, 2023
28.02.2023 Item No.9.
Court No.6.
AB MAT 101 of 2023 With IA CAN 1 of 2023 Smt. Sipra Mondal Vs The Howrah Zilla Parishad & Anr. Mr. N. Bhattacharya .....for the Appellant. Ms. Mekhla Sinha ....for the Howrah Zilla Parishad. This appeal is directed against a judgment and order dated December 15, 2022, whereby the appellant's writ petition being WPA No.4431 of 2019 was disposed of in terms of the order passed in WPA No.35543 of 2013. The effect of the order impugned is that the Howrah Zilla Parishad shall be free to implement its orders of demolition of the appellant's building.
Demolition was first directed by a learned Single Judge of this Court in a writ petition filed in the year 2005. Thereafter, several orders appear to have been passed for implementation of such demolition order. The fact remains that such demolition orders have remained unimplemented for one reason or the other.
We propose to hear out the appeal. Let requisite number of informal paper books be prepared by the appellant incorporating therein all papers that were available before the learned Single 2 Judge as also the pleadings filed before us. All formalities are dispensed with. Since all parties are present, Notice of Appeal is deemed to have been waived.
List this appeal under the heading "Hearing" on March 15, 2023 immediately after MAT 42 of 2023.
Since we propose to hear out the appeal at an early date and orders of demolition of the appellant's building have remained unexecuted for a very long period of time for whatever reason, let status quo in respect of the appellant's building be maintained till the disposal of the appeal.
CAN 1 of 2023 is, accordingly, disposed of. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)