Calcutta High Court (Appellete Side)
Mrs. Ann K. Augustine vs Mr. Dhaval Jain on 1 December, 2023
Author: Arijit Banerjee
Bench: Arijit Banerjee
07. 01.12.2023
Court No.6
Tanmoy Ghosh
CPAN 1211 of 2023
Mrs. Ann K. Augustine
-Versus-
Mr. Dhaval Jain, Commissioner, Howrah Municipal
Corporation
Arising out of
MAT 808 of 2023
Mr. Ritzu Ghoshal, Adv.,
Mr. Anirban Ghosh, Adv.,
Mr. Marcelino J.K. Augustine, Adv.
...for the petitioner.
Mr. Sandipan Banerjee, Adv.,
Mr. Ankit Sureka, Adv.,
Mr. Sobhan Majumder, Adv.
...for the alleged contemnor/HMC.
By the judgment and order dated June 8, 2023,
whereby MAT 808 of 2023 was disposed of by us and
violation of which is alleged in this contempt application,
the following directions were given :-
"However, insofar as the portion of unauthorized
construction in respect of the two flats under the occupation of
the appellants is concerned, we grant liberty to the appellants to
make a fresh comprehensive representation/application to the
Corporation for regularization of the unauthorized portion of the
two flats. If such application is made within two weeks from
date, the Competent Officer in the Corporation will consider the
same in accordance with law and the applicable rules and
regulations and shall dispose of the same by a reasoned order
within a period of eight weeks from the date of receipt of the
application, after giving an opportunity of hearing to the
appellants or their authorized representative and any other
interested party, as the officer may deem fit and necessary. The
concerned officer of the Corporation will be at liberty to take
inspection of the concerned flats of the appellants and the
appellants shall render full cooperation to the Corporation's
officer in that regard.
We make it clear that we have not gone into the merits of
the case at all. We are not binding the hands of the Corporation
to decide the representation of the appellants in any particular
manner. The application shall be decided in accordance with
law. Needless to say, if the application for regularization is
disallowed, cogent reasons will be recorded for the same.
Till a decision is taken on the application for
regularization that may be filed by the appellants within the time
period indicated hereinbefore, no coercive measure shall be taken
by the Corporation in respect of the flats under the occupation of
the appellants."
Mr. Ghoshal, learned Advocate appearing for the
petitioner, says that till date Howrah Municipal
Corporation (in short, 'HMC') has not complied with the
direction of removing the unauthorized portion from the
ground floor. This is a clear violation of this Court's order.
Insofar as the other direction is concerned, Mr.
Ghoshal says that the eight weeks' time-period granted for
passing a reasoned order expired on August 8, 2023. It was
only on November 23, 2023 that a reasoned order was sent
to the petitioner through email. Statutory Authorities must
stick to the time schedule stipulated by the Court. They
cannot choose to comply with the orders of Court in their
own sweet time.
Mr. Banerjee, learned Advocate representing the
alleged contemnor, says that there was no deliberate delay
on the part of HMC. There have been occasions when the
petitioner had also prayed for adjournment of the
proceedings.
Be that as it may, although we did not specify a time
period within which the unauthorized portion of the
building on the ground floor was to be demolished, we
would have thought that by now such demolition is
complete. That is not the case. Mr. Banerjee, however, says
that now that a reasoned order has been passed in respect
of the flats on the other floors, demolition activities will be
initiated very soon.
This matter will be listed again on December 21,
2023, when the alleged contemnor shall file a compliance
report in the form of affidavit insofar as the demolition of
the unauthorized portion on the ground floor of the
building is concerned.
Insofar as the other portion of the order is
concerned, i.e., passing a reasoned order by the
Corporation regarding alleged deviation in the two flats
occupied by the petitioner, a reasoned order has been
passed on November 23, 2023, highly belatedly. This delay
is not appreciated. Statutory Authorities are expected to
discharge their duties diligently and not sleep over their
duties. It is expected that the author of the reasoned order
in question shall act more efficiently and with more
sincerity in future. After all, he is a public Officer
discharging public duties and answerable to the public at
large.
Be that as it may, we take a lenient view and do not
take any action in that regard. We do not think that the
violation of the Court's order insofar as the time-frame is
concerned, was willful.
Since a reasoned order has been passed, no further
direction is called for in respect of the alleged deviations in
the two flats occupied by the petitioner. HMC can proceed
against such deviated portion in accordance with law. The
petitioner is also at liberty to challenge the reasoned order
of HMC in accordance with law before the appropriate
forum.
(Arijit Banerjee, J.)
(Apurba Sinha Ray, J.)
