Calcutta High Court (Appellete Side)
Ruhul Amin Molla @ Rahul Amin Molla vs Earshad Sultan & Ors on 11 October, 2023
28. 11.10.2023
Court No.6
.Tanmoy Ghosh
MAT 1981 of 2023
Ruhul Amin Molla @ Rahul Amin Molla
-Versus-
Earshad Sultan & Ors.
With
IA No: CAN/1/2023
With
IA No: CAN/2/2023
Mr. Tanmoy Mukherjee, Adv.,
Ms. Utsa Dutta, Adv.,
Mr. Souvik Das, Adv.,
Mr. K.R. Ahmed, Adv.,
Mr. Rudranil Das, Adv.
...for the applicant/appellant.
Mr. Ramij Munsi, Adv.
...for the respondent no.1/
writ petitioner.
Mr. Sandipan Banerjee, Adv.,
Mr. Ankit Sureka, Adv.,
Mr. Sobhan Majumder, Adv.
...for the Howrah Municipal
Corporation.
Affidavit of service filed in Court today be kept
with the records.
In Re: IA No: CAN/1/2023
This is an application for leave to appeal against a
judgment and order dated September 20, 2023, whereby
the writ petition of the respondent no.1 herein being
WPA 17259 of 2023, was disposed of by a learned Single
Judge of this Court.
The applicant was not a party in the writ petition.
However, he says that he is adversely affected by the
demolition order which the learned Single Judge has
directed to be implemented. He was not heard since he
was not made a party to the writ petition. Hence he
intends to challenge the order of the learned Single
Judge.
Having heard learned Counsel for the parties, we
are of the view that the applicant may have something to
say about the order sought to be impugned. Leave is
granted to the applicant to prefer appeal against the
judgment and order dated September 20, 2023.
Accordingly this application being IA No:
CAN/1/2023 is allowed and disposed of.
In Re: MAT 1981 of 2023
With
IA No: CAN/2/2023
By consent of the parties, the appeal and the
connected applications are taken up together for
hearing.
The writ petitioner approached the learned Single
Judge with the complaint that illegal and unauthorized
construction has been made at Holding Nos. 96 and
97/1, Molla Para Lane, P.S. - Shibpur, under Ward
No.40, Howrah Municipal Corporation (HMC), at the
behest of the private respondents in the writ petition.
The learned Judge noted that the writ petitioner's
grievance was that his objection to the unauthorized
construction remained unconsidered by the Corporation.
At the time of hearing, learned Advocate for the writ
petitioner submitted that the Corporation had taken
steps to deal with the unauthorized construction and a
self-demolition order dated September 5, 2023, has been
passed directing the person(s) responsible to demolish
the unauthorized construction.
Noting the aforesaid, the learned Single Judge
disposed of the writ petition with the following
observations and directions:-
"Upon hearing the submissions made on behalf of the
parties, it appears that the Howrah Municipal Corporation has
proceeded to redress the grievance of the petitioner and has
passed order of demolition.
The Howrah Municipal Corporation is directed to ensure
that the order of demolition is implemented in accordance with
law.
The Officer-in-Charge, Shibpur Police Station is directed to
render necessary assistance to the men and agents of the
Howrah Municipal Corporation at the time of implementing the
order of demolition and for the purpose of vacating the structure
in question."
Learned Advocate for the appellant says that there
is no self-demolition notice or any kind of demolition
notice which has been issued by HMC in respect of
Holding No.96, Molla Para Lane, P.S. - Shibpur, Howrah.
The self-demolition order dated September 5, 2023,
pertains to premises no.97/1, Molla Para Lane, P.S. -
Shibpur, Howrah. He says that his client has nothing to
do with premises no.97/1 but his client is the owner of
premises no.96. Hence, no coercive action can be taken
against premises no.96, Molla Para Lane, P.S. - Shibpur,
Howrah, without observing the principles of natural
justice vis-à-vis the appellant.
Learned Advocate for the respondent no.1/writ
petitioner, in his usual fairness, agrees that the self-
demolition order dated September 5, 2023, relates to
premises no.97/1, Molla Para Lane, P.S. - Shibpur,
Howrah and not to premises no.96, Molla Para Lane,
P.S. - Shibpur, Howrah.
Hence, we dispose of this appeal and the connected
application by clarifying that since the demolition order
dated September 5, 2023 has been issued in respect of
premises no.97/1, Molla Para Lane, P.S. - Shibpur,
Howrah, no coercive action will be taken in respect of
premises no.96, Molla Para Lane, P.S. - Shibpur,
Howrah, on the basis of the self-demolition order dated
September 5, 2023, issued by the HMC.
Since we have not called for affidavits, the
allegations in the stay petition shall be deemed not to
have been admitted by the respondents.
The appeal being MAT 1981 of 2023 and the
connected application being IA No: CAN/2/2023 are
accordingly disposed of.
Let urgent photostat certified copy of this order, if
applied for, be made available to the parties upon
compliance with all requisite formalities.
(Arijit Banerjee, J.)
(Apurba Sinha Ray, J.)
