Calcutta High Court (Appellete Side)
Nand Kishor Sonkar vs Howrah Municipal Corporation & Ors on 14 December, 2018
Author: Debangsu Basak
Bench: Debangsu Basak
1
14.12.2018
Ct. No.8
S/L No.32
KS
W. P. No.22987 (W) of 2018
Nand Kishor Sonkar
Versus
Howrah Municipal Corporation & Ors.
Mr. Rajdeep Bhattacharya
Mr. D. Mitra
..... For the Petitioner
Mr. Debjit Mukherjee
Ms. Rupsa Chakraborty
..... For the State
Mr. Ankit Surekha
Mr. N. C. Bihani
.....For the H.M.C.
Mr. Nilanjan Bhattacharya
Ms. Paramita Roy
.....For the Respondent No.8
Report as called for by the order dated November 27, 2018 filed in Court be taken on record.
State, Corporation and the respondent no.8 are represented. The report speaks of unauthorized construction, and invocation of the provisions of Section 177 of the Howrah Municipal Corporation Act, 1980 in respect thereto.
In such circumstances, since the Howrah Municipal Corporation has already invoked the provisions of the Act of 1980, it will be appropriate to direct the Howrah Municipal Corporation to conclude such proceedings within a period of twelve weeks from the date of communication of this order. The issue as to the nature and extent of the unauthorized construction is kept open to be decided in such proceedings, in accordance with law. It will afford a reasonable opportunity of hearing to the private parties in respect of such proceedings.
W. P. No.22987 (W) of 2018 is disposed of.
No order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.) 2