Sri Balai Mondal & Ors. v. The Howrah Municipal Corporation & Ors.
Case at a glance
Outcome
Disposed of
The writ petition stands disposed of
Provisions considered
- Howrah Municipal Corporation Act, 1980 s. 177(1)
Judgment
Operative part
Mr. Mrityunjoy Goswami Mr. Arijit Sarkar … for the State. Mr. Sandipan Banerjee Mr. Ankit Sureka Mr. Sobhan Majumder Ms. Shetparna Roy … for HMC. The petitioners are aggrieved by the notice issued under Section 177(1) of the Howrah Municipal Corporation Act, 1980 in respect of the unauthorized construction at 65/2, Kala Chand Nandy Lane, Ward No. 24 under the jurisdiction of the Howrah Municipal Corporation. Specific contention of the petitioners is that there is a sanction for raising construction upto G+3 storey and in the fourth floor, the casting of the roof has not yet been done. The impugned notice of self-demolition, however, mentions the 4th floor has been constructed without any sanctioned plan. 2 As regards the deviation upto the 3rd floor, the details thereof are not mentioned. None represents the private respondents. Affidavit-of-service filed in Court today be taken on record. Learned advocate representing the Corporation submits, upon instruction that, an inspection is required to be conducted to ascertain as to whether the 4th floor casting has been done or not. Upon hearing the submission made on behalf of the parties and upon perusal of the impugned notice issued under Section 177(1) of the Howrah Municipal Corporation Act, 1980 the Assistant Engineer (in-charge) Building Department is directed to cause a spot inspection to ascertain the exact nature and extent of the unauthorized construction upon prior notice to all the necessary parties. The spot inspection report shall be circulated and thereafter an opportunity of hearing be granted to the parties. After hearing if it ultimately transpires that unauthorized construction exists, then necessary steps shall be taken by the Corporation to deal with the same in accordance with law. Steps shall be taken in the matter at the earliest but positively within a period of sixteen weeks from the date of communication of this order. 3 Till a fresh decision is taken in the matter, the impugned notice dated January 31, 2024 shall be kept in abeyance. The writ petition stands disposed of. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. Sh (Amrita Sinha, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition stands disposed of
Which statutory provisions did this judgment involve?
Howrah Municipal Corporation Act, 1980 — s. 177(1).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.