Smt. Soma Karar vs Howrah Municipal Corporation & ...
2023 Latest Caselaw 3737 Cal

08.06.2023
Item Nos.6&7.
Court No.6.
    S. De
                                 M.A.T. 394 of 2023
                                         with
                                I.A. No. CAN/1/2023

                               Smt. Soma Karar.
                                       Vs
                       Howrah Municipal Corporation & Ors.

                                         And

                                 M.A.T. 393 of 2023

                               Smt. Soma Karar.
                                      Vs
                       Howrah Municipal Corporation & Ors.

                      Mr. Partha Pratim Roy,
                      Mr. Dyutiman Banerjee,
                                        ...for the appellant in both
                                        the appeals.
                      Mr. Tanmoy Mukherjee,
                      Mr. Souvik Das,
                      Mr. K. Raihan Ahmed,
                                        ...for the respondent no.5 in

both the appeals.

Mr. Sandipan Banerjee, Mr. Ankit Sureka, Mr. Sobhan Majumder, ...for the H.M.C.

By consent of the parties, both the appeals and

the connected application are taken up together for

hearing and are disposed of by this common judgment

and order as both the appeals are directed against the

same order.

The judgment and order dated February 8, 2023

which is sought to be impugned in these two appeals,

disposed of two writ petitions being WPA 26649 of

2022 (Sri Sanjoy Samanta Vs. The Howrah Municipal

Corporation & Ors) and WPA 21034 of 2022 (Smt.

Soma Karar Vs. Howrah Municipal corporation & Ors.)

It appears that the Howrah Municipal

Corporation (HMC), at the instance of Sanjoy, passed

an order of demolition of a structure that was put up

by Soma at the concerned premises. Alleging inaction

on the part of HMC in implementing such demolition

order, Sanjoy approached the learned Single Judge

with his writ petition. Soma filed her writ petition

challenging the demolition order.

By the impugned judgment and order Sanjoy's

writ petition was allowed and Soma's writ petition was

dismissed. Hence, these two appeals at the instance

of Soma.

We are told that the demolition order has been

executed. The impugned structure, which Soma

claims, was not a permanent structure, has been

demolished by HMC. Therefore, nothing remains of

these two appeals.

However, this will not prevent Soma from

making appropriate application in accordance with law

to HMC seeking permission to put up any structure

that she may wish to. If such an application is made

by Soma, a copy thereof will be marked to Sanjoy.

HMC shall decide such application in accordance with

law and the applicable rules and regulations after

hearing all concerned parties including Sanjoy.

Since we have not called for affidavits, the

allegations contained in the stay application are

deemed not to be admitted by the respondents.

M.A.T. 394 of 2023 and M.A.T. 393 of 2023

are, accordingly, disposed of along with the application

being I.A. No. CAN 1 of 2023.

Urgent certified photostat copy of this order, if

applied for, shall be given to the parties as

expeditiously as possible on compliance with all the

necessary formalities.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)