Judgment · High Court

Mr. Partha Pratim Roy Mr. Sabyasachi Chatterjee Mr. Pintu Karar …for the petitioner Mr. Sandipan Banerjee Mr. Ankit Sureka …for Howrah Municipal Corporation Ms. Sipra Mazumder Ms. Prativa Ghatak …for the State The petitioner challenges a stop-work notice dated April 4, 2024, appearing at page 60 of the writ petition. The learned counsel for the petitioner submits that the petitioner holds an approved plan for a G+4 storied building. However, he acknowledges that the petitioner undertaken temporary construction on the roof of the fourth floor beyond the sanctioned plan. In light of the above, I find no justification for keeping this writ petition pending. The Corporation is at liberty to initiate proceedings under Section 177(1) of the Howrah Municipal Corporation Act, 1980, regarding the alleged unauthorised construction. It is understood that such proceedings must be completed only after providing the petitioner with a 2 fair opportunity for a hearing. Furthermore, the petitioner may submit an application regularisation alleged unauthorised construction on the roof of the fourth floor as part of the proceedings under Section 177(1) of the Howrah Municipal Corporation Act, 1980, and the Corporation shall duly consider such an application. It is explicitly undertaken by the petitioner that he shall not undertake any construction beyond the approved plan. Accordingly, WPA 19438 of 2024 is disposed of. Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities. (Kausik Chanda, J.)