Calcutta High Court (Appellete Side)
Kc vs The Howrah Municipal Corporation & Ors on 10 May, 2018
Author: Debangsu Basak
Bench: Debangsu Basak
1
56 W.P. No. 27504(W) of 2017
10.05.2018
Shibaji Ray & Anr.
KC
Vs.
The Howrah Municipal Corporation & Ors.
Mr. S. K. Pathak.
... for the petitioner.
Mr. Srijib Chakraborty
Ms. S. Ghosh.
... for the respondent no. 5.
Ms. S. Agarwal Ms. S. Sen.
... for the respondent nos. 6 & 7.
Mr. Uidta Saha.
... for the HMC.
The petitioner seeks demolition of unauthorised construction at premises no. 215, Sree Ram Dhang Road, Salkia, Howrah.
It appears from the records that, the second petitioner as the plaintiff has filed a suit being T.S. No. 60 of 2017 before the learned 5th Civil Judge, Junior Division, Howrah. The prayers of such title suit are as follows:
(a) ''Declaration that the plaintiff is the legal and bona fide occupier in respect of the suit premises no. 215, Sree Ram Dhang Road, P.S. - Malipanchghara, P. O. - Salkia, District - Howrah, Pin - 711 106 and the defendant nos. 3 & 4 has no right to disturb the peaceful possession of the plaintiff in respect of the suit premises no. 1.
(b) Declaration that the defendants have no 2 right to encroach upon the suit property of the plaintiff and/or damage the suit property no. 1 of the plaintiff and cannot disturb the peaceful possession of the plaintiff.
(c) A declaration that the defendants are not entitled to damage the boundary wall of the suit property no. 1 of the plaintiff by raising its height and fixing a gate thereto.
(d) A declaration that the illegal acts and action of the defendant nos. 3 & 4 are resulting in an actionable nuisance.
(e) A declaration that the construction on the suit property no. 2 is illegal, unauthorised and should be demolished forthwith by the defendant no. 2.
(f) A declaration that the alleged sanction plan issued by the defendant nos. 1 & 2 in favour of defendant 3 & 4 in respect of premises no. 215; Sri Ram Dhang Road, Salkia, Howrah - 711106 is illegal and liable to be cancelled forthwith restraining all further const4uction therein.
(g) Permanent injunction retraining the defendant nos. 1 to 4 their men, agents, servants and associates from disturbing peaceful possession and enjoyment of the suit property no. 1 of the plaintiff and their family members in respect of the suit premises no. 215, Sree Ram Dhang Road, P. S. - Malipanchghara, P. O. - Salkia, District - Howrah, Pin - 711106.
(h) Permanent injunction thereby restraining the defendant nos. 3 & 4 from raising any further construction and or from developing he illegal construction already made over the suit premises no. 2.
(i) Permanent injunction thereby restraining the defendant no. 2 from regularizing he unauthorised constructions so made and or demolition the same.3
(j) Mandatory injunction directing the defendant nos. 1 & 2 alternative defendant nos. 3 & 4 to demolished the illegal construction.
(k) Ad interim injunctions.
(l) Cost of the suit with full advocate fees.
(m) Such further or other reliefs as this
Learned Court may deem fit and proper."
In view of the second petitioner, putting the issue of unauthorised construction before such Civil Court in such Title Suit, it would be inappropriate for a Writ Court to intervene in the same subject.
Learned advocate for the respondent nos. 6 and 7 submits that, the respondent no. 5 has encroached upon the property belonging to her client. It is open to the parties to take appropriate steps before the appropriate forum in accordance with law.
W.P. No. 27504(W) of 2017 is disposed of. There shall, however, be 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.)