Sujoy Dutta vs Howrah Municipal Corporation & ...
2023 Latest Caselaw 2881 Cal

24.04.2023 Item No.02 Court No.6.

S. De M.A.T. 715 of 2023 with I.A. No. CAN/1/2023

Sujoy Dutta.

Vs Howrah Municipal Corporation & Ors.

Mr. Srijib Chakraborty, Mr. Sumitava Chakraborty, ...for the appellant.

Mr. Sandipan Banerjee, Mr. Ankit Sureka, Mr. Sobhan Majumder, ..for the Corporation.

A judgment and order dated April 20, 2023,

whereby the appellant's writ petition was dismissed by

a learned Single Judge, is the subject matter of

challenge in this appeal.

The appellant/writ petitioner challenged a notice

dated March 30, 2023, issued by the Howrah

Municipal Corporation, directing demolition of an

allegedly unauthorized construction. The learned

Judge noted that there is deviation from the

sanctioned plan up to the G+3 level. The 4 th and 5th

floors of the construction are completely without

sanction.

Learned advocate for the Corporation seeks a

little time to obtain appropriate instructions.

One of the points raised by the appellant is that

the person issuing the demolition order did not have

authority to do so.

List the matter once again on May 2, 2023. Till

the next date of hearing let no coercive step be taken

against the impugned construction.

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