Smt. Sipra Mondal vs The Howrah Zilla Parishad & Anr
2023 Latest Caselaw 1504 Cal

28.02.2023 Item No.9.

Court No.6.

AB MAT 101 of 2023 With IA CAN 1 of 2023

Smt. Sipra Mondal Vs The Howrah Zilla Parishad & Anr.

Mr. N. Bhattacharya .....for the Appellant.

Ms. Mekhla Sinha ....for the Howrah Zilla Parishad.

This appeal is directed against a judgment and

order dated December 15, 2022, whereby the

appellant's writ petition being WPA No.4431 of 2019

was disposed of in terms of the order passed in WPA

No.35543 of 2013. The effect of the order impugned is

that the Howrah Zilla Parishad shall be free to

implement its orders of demolition of the appellant's

building.

Demolition was first directed by a learned Single

Judge of this Court in a writ petition filed in the year

2005. Thereafter, several orders appear to have been

passed for implementation of such demolition order.

The fact remains that such demolition orders have

remained unimplemented for one reason or the other.

We propose to hear out the appeal.

Let requisite number of informal paper books be

prepared by the appellant incorporating therein all

papers that were available before the learned Single

Judge as also the pleadings filed before us. All

formalities are dispensed with. Since all parties are

present, Notice of Appeal is deemed to have been

waived.

List this appeal under the heading "Hearing" on

March 15, 2023 immediately after MAT 42 of 2023.

Since we propose to hear out the appeal at an

early date and orders of demolition of the appellant's

building have remained unexecuted for a very long

period of time for whatever reason, let status quo in

respect of the appellant's building be maintained till

the disposal of the appeal.

CAN 1 of 2023 is, accordingly, disposed of.

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