Calcutta High Court (Appellete Side)
(Disposed Of) vs Howrah Municipal Corporation & Ors on 11 September, 2017
Author: Harish Tandon
Bench: Harish Tandon
11.09.2017 WP 23373 (W) of 2017
Court No. 02
Item No. SL-25
snandy
Rabindra Nath Ghosal
(DISPOSED OF)
Vs.
Howrah Municipal Corporation & Ors.
Mr. Ayan Banerjee, Advocate
Mr. Soumo Chowdhury, Advocate
......for the Petitioner
Mr. Mrityunjoy Chatterjee, Advocate
Mr. Susnigdha Bhattacharya, Advocate
......for the private respondent
The present writ-petition is filed alleging inaction on the part of the Howrah Municipal Corporation in taking steps against the private respondents who have made unauthorized and illegal construction at the property in question.
According to the petitioner, the photographs annexed to the instant writ-petition would corroborate an illegal and unauthorized construction made by the private respondent and the complaint in this regard is lodged with the Howrah Municipal Corporation to take immediate steps against the person responsible therefor. Inspite of receiving the said complaint, no steps have been taken.
On the other hand, the private respondent disputes and denies the allegation of the petitioner. According to him, the entire construction is in conformity with the sanctioned plan as well as the other provisions of the Howrah Municipal Corporation Act and the petitioner has approached the Howrah Municipal Corporation only to harass him.
Be that as it may, since a complaint has been lodged it is obligatory on the part of the Commissioner of the Howrah Municipal Corporation to take a decision thereupon.
This court, therefore, directs the Commissioner of the Howrah Municipal Corporation to take an application filed by the petitioner and after affording an opportunity of hearing to all the persons including the petitioner as well as the private respondent, shall dispose of the same within three weeks from the date of communication of this order. If necessary, the municipal commissioner shall depute a responsible officer to inspect the site in question and shall also take into account the report submitted by the said officer.
Nothing observed hereinabove, shall have any impact on the merit of the said complaint which shall be decided by the authority independently in accordance with law.
Since the writ-petition is disposed of without calling for any affidavits, the allegations contained in the writ-petition shall not deemed to have been admitted by the respondents.
With these observations, the writ-petition is disposed of. No order as to costs.
(Harish Tandon, J.)