M/S. Sakshi Ganga Realtors Pvt. ... vs The Howrah Municipal Corporation ...
2022 Latest Caselaw 2801 Cal

   D/L
Item No. 15
12.05.2022
 KOLE
                                MAT 711 of 2022
                                     With
                              IA No. CAN 1 of 2022


                    M/s. Sakshi Ganga Realtors Pvt. Ltd.
                                 -Vs.-
                   The Howrah Municipal Corporation & Ors.


              Mr. Sandipto Bose,
              Mr. D. Das,
                                                       ... for the appellant.

              Mr. Sandipan Banerjee,
              Mr. A. Surekha,
              Mr. K. Paul
                                                           ... for the HMC.

              Mr. Rahul Karmokar,
              Mr. S. Dasgupta,
              Mr. R. Upadhyay,
                                              ... for the private respondent.

This appeal is directed against a judgment and order

dated April 27, 2022 whereby WPA No. 5644 of 2022 was

disposed of. The writ petitioners, who claim to be residents

of the concerned building in Howrah, approached the

learned Single Judge with the grievance that the private

respondent no. 11 in the writ petition, being the appellant

before us, after having obtained sanction for constructing a

G+6 building, went on to construct a seventh floor without

any sanction whatsoever. The Corporation issued a

demolition order way back on March 10, 2021. However, the

unauthorized construction still stands. The learned Single

Judge directed the Corporation officers to carry out the

demolition work positively within May 20, 2022.

The appellant makes a grievance before us that no

sufficient opportunity of hearing was given to it before the

notice of demolition was issued. It is not a fact that there is

any seventh floor in the strict sense.

Mr. Banerjee, appearing for the Howrah Municipal

Corporation seeks little time to obtain proper instructions.

List the matter once again on 18.05.2022 for further

hearing.

Let no steps be taken by the Corporation in respect of

the alleged unauthorized construction in question till the

next date of hearing.

(Kausik Chanda, J.) (Arijit Banerjee, J.)