Calcutta High Court (Appellete Side)
Smt. Sabita Das vs Howrah Municipal Corporation & Ors on 14 October, 2014
Author: Debangsu Basak
Bench: Debangsu Basak
1
W.P. No.28676 (W) of 2014
Smt. Sabita Das
-Vs-
Howrah Municipal Corporation & Ors.
14.10.14
DD
T.M.
Mr. Pinaki Ranjan Mitra
Mr. Ashim Kumar Roy
.........for the petitioner.
Mr. Debanik Banerjee
.........for respondent no. 6.
The writ petitioner complains of a demolition order dated September 20, 2014 issued by the Howrah Municipal Corporation without affording the writ petitioner an opportunity to exhaust his remedies available under section 177 of the Howrah Municipal Corporation Act, 1980.
The private respondent is represented. It is submitted on behalf of the private respondent that, the private respondent had complained of unauthorized construction by the writ petitioner herein. The relevant authorities did not look into such complaints. In such circumstances, the private respondent approached this Hon'ble court by way of a writ petition being W.P no. 23563(W) of 2014. In such writ petition the writ petitioner herein was a party respondent. Such writ petition was disposed of by an order dated August 21, 2014 directing the authorities concerned to consider and dispose of the complaint of unauthorized construction. In the hearing before the competent authority, it is submitted on behalf of the private respondent, the writ petitioner participated. The result of such hearing is the impugned notice for demolition.
I have considered the rival contentions of the parties and the materials on record. The writ petitioner claims to have a sanctioned plan in her favour. It is conceded that the writ petitioner has deviated from the sanctioned plan. It is submitted on behalf of the writ petitioner that all deviations need not result in demolition and that the 2 deviations can be regularized under section 177 of the Howrah Municipal Corporation Act, 1980 and that the writ petitioner should be given an opportunity to avail of such opportunity. In the interregnum, the writ petitioner offered to stop construction at her premises till disposal of her application under section 177 of the Howrah Municipal Corporation Act, 1980. The writ petitioner also offered to comply with such direction as may be issued by the competent authority on the application under section 177 of the Howrah Municipal Corporation Act, 1980.
Having regard to the fact that the writ petitioner has a sanctioned plan in her favour and that she will make an application for regularization of deviations to the competent authority under section 177 of the Howrah Municipal Corporation Act, 1980 within seven days from the date hereof the impugned notice of demolition will remain stayed. In the event such application is not made within the time stipulated the stay order shall stand vacated. The order for demolition shall stand revived.
The writ petitioner also undertakes through her learned counsel that she will not undertake any construction of any nature at her premises till her application under section 177 of the Howrah Municipal Corporation Act, 1980 disposed of. The writ petitioner also undertakes through her learned counsel to comply with the order passed under section 177 of the Howrah Municipal Corporation Act, 1980 within a fortnight from the date of such communication and that she will commence construction only after compliance of such order.
In the event the writ petitioner makes the application under section 177 of the Howrah Municipal Corporation Act, 1980 within the time stipulated herein the same will be disposed of as expeditiously as possible preferably within six weeks from the date of making of such application. Needless to say that the writ petitioner as well as the private respondent will be entitled to be heard by the authority concerned in disposal of such application.
3With the aforesaid direction WP no. 28676(W) of 2014 is disposed of.
No order as to costs.
(Debangsu Basak, J.)