Calcutta High Court (Appellete Side)
Santi Ranjan Ghosh vs Howrah Municipal Corporation & Ors on 14 January, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1
14.01.2019
Ct. No.8
SL No.30
KS
W. P. No.25085 (W) of 2018
Santi Ranjan Ghosh
Versus
Howrah Municipal Corporation & Ors.
With
W. P. No.7492 (W) of 2015
Bablu Sarkar & Ors.
Versus
Howrah Municipal Corporation & Ors.
Mrs. Rituparna De Ghose
.....For the Petitioner
(W. P. No.25085 (W) of 2018)
Mrs. Rituparna De Ghose
Ms. Rimpa Rajpal
.....For the Respondent Nos. 6 & 7
(W. P. No.7492 (W) of 2015) Ms. Shebatee Datta .....For the Petitioner (W. P. No.7492 (W) of 2015) Ms. Shebatee Datta .....For the Respondent Nos. 6 & 9 (W. P. No.25085 (W) of 2018) Mr. N. C. Bihani Mrs. Papiya banerjee Bihani Mr. Ankit Surekha ..... For the H.M.C. Affidavits filed in Court be taken on record.
By consent of the parties, two writ petitions are taken up for analogous hearing as they involve the same immovable property.
Learned advocate appearing for the writ petitioner in W. P. No.25085 (W) of 2018 submits that, her client submitted an application for grant of extension of the validity period of the sanctioned building plan, within the validity period itself. Such application is yet to be considered and decided.
Learned advocate appearing for the writ petition in W. P. No.7492 (W) 2015 submits that, the private respondent therein are guilty of unauthorized construction.
Howrah Municipal Corporation is represented.
2Apparently, the writ petitioners of W. P. No.25085 (W) of 2018 had a sanctioned building plan. The validity period of which has expired. They had also applied for extension of the validity period to the expiry of the validity period.
In such circumstances, Howrah Municipal Corporation will hear and decide the application for grant of extension, in accordance with law. Howrah Municipal Corporation will afford a reasonable opportunity to the writ petitioners in W. P. No.25085 (W) of 2018 as well as the writ petitioners of W. P. No.7492 (W) of 2015, in accordance with law. It will pass a reasoned order which it will communicate to the parties it has heard forthwith thereafter. It is expected that, the entire exercise is completed within a period of four weeks from the date of communication of this order. In the event, Howrah Municipal Corporation is of the view that, the extension, as prayed for by the writ petitioners in W. P. No.25085 (W) of 2018 cannot be granted and if it is of the view that, there exist unauthorized construction, notwithstanding the grant of such extension, it is at liberty to invoke the provisions of Section 177 of the Howrah Municipal Corporation Act, 1980 within a period of fortnight from the date of completion of the hearing for extension of the sanctioned building plan. In such event, it will afford a reasonable opportunity of hearing to the private parties as noted herein. It will pass a reasoned order which it will communicate to the parties forthwith thereafter.
W. P. No.25085 (W) of 2018 and W. P. No.7492 (W) of 2015 are 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.)