Pihu Construction & Anr vs The Howrah Municipal Corporation ...
2022 Latest Caselaw 8257 Cal

28.   13.12.2022
      Ct. No.6
      Tanmoy
                                          MAT 1922 of 2022

                                   Pihu Construction & Anr.
                                           -Versus-
                             The Howrah Municipal Corporation & Ors.

                                                  With
                                          IA No: CAN/1/2022


                         Mr. Debdut Mukherjee, Adv.,
                         Mr. Gaurab Kr. Das, Adv.,
                         Ms. Piyali Dutta, Adv.

                                               ...for the appellants.

                         Mr. Sandipan Banerjee, Adv.,
                         Mr. Sobhan Majumder, Adv.,
                         Mr. Ankit Sureka, Adv.

                                               ...for the Howrah
                                                Municipal Corporation.

                         Mr. Soujanya Bandyopadhyay, Adv.

                                               ...for the respondent no.10.

A judgment and order dated November 9, 2022,

whereby the writ petition of the respondent no.10 herein

being WPA 20673 of 2022 was disposed of, is under

challenge in this appeal, at the instance of the private

respondent in the writ petition.

The writ petitioner approached the learned Single

Judge for implementation of a demolition order dated

June 29, 2022, passed by the Assistant Engineer-in-

charge, Building Department, Howrah Municipal

Corporation, directing the persons responsible to cause

self-demolition of the impugned portions of the building in

question and on failure to do so, the Corporation to cause

demolition of the unauthorized portion.

The appellant's short grievance is that it has made

an application for regularization of the alleged

unauthorized portion of the building. Such application

was made on April 25, 2022. Without taking a decision on

such application, the demolition order dated June 29,

2022 has been passed. The appellant says that its

application should be first decided one way or the other

and then further steps may be taken by the Corporation.

We find some logic in the submission made by Mr.

Mukherjee representing the appellant. In our prima facie

view, the Corporation Authorities should first take a

decision on the application of the appellant. If the

application is allowed, the question of demolition will not

arise. If the application is rejected, the Corporation can

carry on with the process of demolition.

Mr. Banerjee, learned Advocate representing the

Corporation, seeks a little time to obtain proper

instructions. As requested, let this matter be listed once

again on December 19, 2022.

Since we are in the process of hearing out the appeal,

let status quo be maintained in respect of the building in

question till December 21, 2022 or until further order,

whichever is earlier.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)