Calcutta High Court (Appellete Side)
Dynamic Infracon Pvt. Ltd. & Anr vs Howrah Municipal Corporation & ... on 19 January, 2021
19.01.2021
Court No.24
s.biswas
WPA 8092 of 2020
Dynamic Infracon Pvt. Ltd. & Anr.
Vs.
Howrah Municipal Corporation & Ors.
(Through Video Conference)
Mr. Jishnu Chowdhury
Mr. Dipak Dey
Mr. Yash Vardhan Deora
... ... for the petitioners
Mr. Sandipan Banerjee
Mr. Ankit Surekha
... ... for the Howrah Municipal Corporation
The petitioners are aggrieved by the order of demolition
dated 16th September, 2020, whereby the petitioners have
been directed to demolish the unauthorised portion of the
premises being 406, G. T. Road, P.O. & P.S. Bally, Ward
No. 53.
According to the petitioners, the impugned notice does
not specifically mention the unauthorised construction
that has been carried on. The particulars given are
absolutely vague. The notice dated 3rd September, 2020
which was issued to the petitioners for stopping work
mentions that the petitioners made construction in some
portion of the building (G+2) by deviating from the
sanction plan (horizontally). No details of the alleged
deviation have been revealed.
The petitioners rely upon several judgments of the
Court on the point that unless and until the deviation is
specifically mentioned, the notice of demolition is bad.
The learned advocate representing the Howrah
Municipal Corporation submits that the petitioners in the
writ petition at paragraph nos.12 and 16 have admitted
that there has been a deviation. The Corporation contends
that the petitioners are well aware of the deviation that
they have made and accordingly, the notice was issued for
demolition of the portion, which was constructed in
deviation of the sanction plan.
Be that as it may, it appears from the notice to stop
work followed by the notice of demolition that the illegal
and unauthorised construction has not been categorically
mentioned therein. In the absence of the illegal portions
being mentioned clearly, it may be difficult for the
petitioner to identify the area where the illegal
construction has been made in deviation of the sanction
plan.
In view of the above, the instant writ petition being
WPA 8092 of 2020 is disposed of by directing the Howrah
Municipal Corporation to intimate the petitioners the
portions which have been constructed in the deviation of
the sanction plan. Till such time the illegal portions are
categorically intimated to the petitioner, the Howrah
Municipal Corporation shall not proceed with the
demolition notice issued on 16th September, 2020.
It goes without saying that the petitioners shall not
make any further construction in deviation of the sanction
plan.
Prior to proceeding with the demolition order, the
Howrah Municipal Corporation shall afford an opportunity
of hearing to the petitioner.
Urgent photostat certified copy of this order, if applied
for, be supplied to the parties on usual undertaking.
(Amrita Sinha, J.)
