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2024 Supreme(Cal) 1164

PARTHA SARATHI SEN
Subhas Chandra Banerjee – Appellant
Versus
Howrah Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Debjit Mukherjee, Adv., Ms. S. Chatterjee, Adv., Mr. Kaustav Bhattacharjee, Adv., Ms. Priyanka Jana, Adv.
For Howrah Municipal Corporation : Mr. Sandipan Banerjee, Adv., Mr. Ankit Sureka, Adv., Mr. Sobhan Majumder, Adv., Mr. Tanmoy Mukherjee, Adv., Mr. Souvik Das, Adv., Mr. Tapas Chatterjee, Adv., Mr. K.R Ahmed, Adv., Mr. Rudranil Das, Adv Mr. Soumava Santra, Adv.

JUDGMENT :

PARTHA SARATHI SEN, J.

1. In this writ petition the writ petitioner is aggrieved with the action of the respondent no.1/Howrah Municipal Corporation (hereinafter referred to as the ‘Corporation’ in short) in allowing the private respondent nos. 9 to 11 to retain the floor beyond G+1 structure in premises no.53, Gopal Banerjee Lane, P.S Shibpur, Ward No.26, District Howrah, PIN 711101.

2. In support of the instant writ petition Mr. Debjit Mukherjee, learned advocate for the writ petitioner at the very outset draws attention of this Court to page no.20 of the writ petition. It is submitted that pursuant to the queries as made by the writ petitioner under RTI Act, 2005 the respondent no.1/Corporation under cover of its letter dated December 19, 2020 communicated that in respect of holding no.53 Gopal Banerjee Lane, Ward no.26, P.S Shibpur, District Howrah, (hereinafter referred to as the ‘said premises’) sanction was granted on 11.10.2002 for construction of a G+1 residential building. It is submitted on behalf of the writ petitioner that on receipt of such communication, the writ petitioner under cover of its letter dated November 09, 2021 addressed to the Commissioner of the

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