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Judgment
Dispute between the petitioner and the private respondent Nos. 7 to 14 regarding illegal construction over a piece of land, led the former to file series
of writ petitions seeking appropriate relief against respondent Nos. 2 to 4, the Howrah Municipal Corporation and its officers for demolition of illegal
construction. In W.P. No.15247 (W) of 2017 a Co- ordinate Bench of this Court passed an order on 15th June, 2017 directing the Commissioner of
the Howrah Municipal Corporation to depute a responsible officer to inspect the erection of the work undertaken by the private respondent at his plot
of land and if the report, which he would submit to him, suggests such erection to be in contravention to the provisions of the Act, Rules and
Regulations applicable thereto, shall immediately initiate a proceeding against the present respondents therefor and shall see that entire exercise is
completed within six weeks from the date of communication of this order.
In pursuance to such order the Commissioner, Howrah Municipal Corporation issued a notice to the petitioner and the respondents on 11th October,
2017 for hearing. However, no order was passed which prompted the petitioner to file W.P. 17151 (W) of 2018. An order was passed on 10th
September, 2018 directing the Howrah Municipal Corporation to dispose of the dispute between the parties. The Howrah Municipal Corporation
passed an order on 29th September, 2018 holding, inter alia, that the construction of third floor of the disputed plot was illegal and accordingly, the
respondents were directed to demolish such illegal construction within a time frame. Since the respondents failed and neglected to comply with the
said direction, the petitioner once again has invoked the jurisdiction of this Court under Article 226 of the Constitution.
Learned advocate on behalf of the respondent Nos. 2 to 4 frankly submits that the construction made on the third floor of the disputed premises is
illegal and if the respondent No.2 is directed to demolish the said construction with police help, the Corporation shall carry out such direction within a
specific time frame.
Learned advocate for the State also submits that if the Corporation prays for police help, the State is always ready to render such help for carrying out
the order that may be passed by this Court.
The private respondents did not appear in spite of notice.
For the reasons stated above, respondent Nos. 2 to 4 are directed to demolish illegal structure raised on the third floor of the disputed building within
three weeks from the date and submit a compliance report one week thereafter.
Learned advocate for the respondent Nos. 2 to 4 is requested to inform the order passed by this Court to respondent Nos. 2 to 4 at the earliest for
compliance.
Both the instant revision and the CAN application are thus disposed of.
There shall be no order as to costs.