Kashi Nath Patra And Another vs Howrah Municipal Corporation And Others

Rajasekhar Mantha, J

The writ petitioner is aggrieved by an order dated 30th September, 2019 passed by the Officer-in-Charge, Borough-IV, Howrah Municipal Corporation pursuant to an order of Co-ordinate Bench dated 14th June, 2018 passed in W. P. No. 19062(W) of 2016.

The Howrah Municipal Corporation has directed the petitioner to demolish the portions of unauthorised construction in the petitioner's premises by the impugned order.

The impugned order has been challenged on threefold grounds. Firstly, that the order of demolition under the Howrah Municipal Corporation Act under Section 177(1) has to be passed only by the Commissioner and none else. Secondly, it is urged that it has not been indicated as to which portions are required to be demolished within its premises and thirdly that the for regularisation of unauthorised constructions made by him has not been dealt with by the impugned order.

This Court notes that the impugned order was passed based on an AS MADE PLAN submitted by the petitioner himself. It is undisputed that an AS MADE PLAN is filed by persons who admit deviation from original sanctioned plan and seek regularisation thereof. The impugned order therefore does not have to reflect any portions of to the petitioner that requires demolition.

The third point urged by the petitioner is also found baseless since the order of demolition passed would by itself mean that the proposal for regularisation made by the petitioner has been rejected by the Howrah Municipal Corporation.

Insofar as the principal ground urged i.e. the jurisdiction of the Officer-in-Charge, Borough-IV, Howrah Municipal Corporation, it appears to this Court that the said order was passed pursuant to the orders of a Coordinate Bench of this Court. Hence, the strict provisions of statute especially Section 177 would not be attracted in the instant case. In any event, it appears that the said order was endorsed to the Commissioner of the Howrah Municipal Corporation and has been approved by him.

This Court therefore sees no reason to interfere with the impugned order.

Accordingly, this instant writ petition is dismissed.

No order as to costs.

Photostat certified copy of this order, if applied for, be given to the parties on urgent basis.