Abichal Chattopadhyay vs Howrah Municipal Corporation & Ors

Raja Basu Chowdhury, J

Supplementary affidavit filed by the petitioner in Court today is taken on record.

Citing extreme urgency, the matter was mentioned on 23rd December, 2025. This Court, accordingly, had passed the following order;

“1. Affidavit of service filed in Court is taken on record.

Citing extreme urgency, the matter was mentioned in the morning and accordingly, the matter is taken up for consideration out of turn.

Complaining illegal construction at premises No. 19/2, Rash Behari Ghosal Lane, Post Office Salkia, Police Station Malipanchghora, District Howrah, the present writ petition has been filed. According to the petitioner, the construction that is coming up on the petitioner’s adjacent property though has a sanctioned plan, the same is being constructed in deviation of such plan. The statutory side open space that is required to be maintained has not been maintained in this case. Though the sanction is for a G+2 storied building, the construction has exceeded the same and at present, a three storied structure is standing thereon.

Mr. Bandhyaypadhyay, learned Senior Advocate representing the petitioner would submit that unless immediate steps are taken to arrest the illegal construction, the petitioner shall suffer irreparable loss and injury.

Mr. Banerjee, learned Advocate appears for the Municipality and prays for an accommodation to take appropriate instruction in this matter.

Having heard the learned Counsel appearing for the respective parties, and considering the case made out and peculiar facts of the case, I am of the view that at this stage, the Municipal authority should at least carry out an inspection of the premises in question on expeditious basis upon prior notice to the interested parties including the petitioner and file a report before this Court when the matter is taken up next. Though the petitioner may be intimated, the petitioner may not be invited for the inspection, though the report thereof may be supplied.

Needless to note that if the Municipal authorities note any illegal construction or violation of the provisions, appropriate steps shall be taken in accordance with law without waiting for further directions of this Court.

List this matter for further consideration on 28th January, 2026.”

Today, the Howrah Municipal Corporation (HMC) has filed a revised status report dated 20th January, 2026. From the status report, it would transpire that although a plan was sanctioned for construction of a G+2 storied building at premises No.19/2, Ras Behari Ghosal Lane, Post Office- Salkia, Police Station-Malipanchghora, Howrah-711106, however, the HMC has ascertained on the basis of an inspection carried out pursuant to the order dated 23rd December, 2025 that the person responsible had deviated, on both horizontal as also on vertical direction.

The above report identifies the extent of deviation. To morefully appreciated the same, the relevant report dated 20th January, 2026 is extracted hereinbelow:

The report reveals that not only a stop work notice dated 18th December, 2025 has been issued, pursuant to a show-cause dated 19th December, 2025, a hearing was held on 30th December, 2025 and a self-demolition notice has been issued and served on 14th January, 2026.

Mr. Sharma, learned advocate appears for the private respondent nos.10 & 11, would submit that though there may be some deviations horizontally, however, there is no deviation insofar as height of the building is concerned. While responding to a query of the Court, he would submit that there is a minor deviation in constructing the stair head room.

Having heard the learned advocates for the respective parties and having considered the materials on record, including the demolition order dated 14th January, 2026, I find that no particulars of the deviated portions required to be demolished have been identified in the order passed by the HMC. As such the above order which is without any particulars cannot be acted upon.

Having regard thereto, I direct the HMC to afford an opportunity of hearing to the petitioner in accordance with the provisions of Section 177(1) of the HMC Act, 1980 read with Rules adopted by the HMC and to decide on the extent of illegal construction by the person responsible and to bring the proceedings as aforesaid to a logical conclusion.

Considering the prima facie case made out and noting that there has been a serious deviation all around the constructed area, including the construction of a stair head room wherein the deviation exceeds 16.430 sq.mtrs., I am of the view that the HMC should not permit the building in question to be occupied by any party till disposal of the proceedings.

The private respondents are restrain from inducting any third party and/or creating any third party interest therein and/or to encumber the same in any manner whatsoever till disposal of the proceedings by the municipality and the proceedings shall be completed as expeditiously as possible preferably within a period of 8 weeks from the date of communication of this order.

The above injunction has been passed to avoid multiplicity of proceedings and/or creation of third party interest by way of induction of any party in the deviated portions.

However, taking into consideration the peculiar facts as noted hereinabove, the HMC shall ensure that no construction shall taken place in the premises in question till disposal of the above proceedings.

With the aforesaid observations and directions, the instant writ petitioner along with the connected application is disposed of without any order as to costs. All parties shall act on the basis of server copy of this order duly downloaded from the official website of this Hon’ble Court.