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2023 Supreme(Online)(CAL) 4600

CALCUTTA HIGH COURT
Amrita Sinha, J
Mr. Trilochan Das – Appellant
Versus
The State of West Bengal – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Chiranjib Sinha, Mr. Dyutiman Banerjee
For the Respondents: Mr. Amall Kumar Sen, Ms. Sahina Sumi, Mr. Sandipan Banerjee, Mr. Ankit Sureka, Mr. Sobhan Majumder

The petitioner is aggrieved by the communication made by the Assistant Engineer, Borough-VII, Howrah Municipal Corporation on June 30, 2023 directing him to vacate the unauthorized portion of the building which the petitioner made habitable for his purpose as the demolition squad and the agency officials along with the police force of Jagacha Police Station would visit the said premises after seven days for executing the demolition order.

It appears that on an earlier occasion on April 25, 2023, the demolition squad failed to execute the order of demolition as the main entrance of the building was kept under lock and key from inside.

The petitioner submits that the Assistant Engineer, Borough-VII is not the Competent Authority to 2 issue the order of demolition and further consequential direction. The order of demolition which was passed by the OSD & Officer-in-Charge, Borough-VII on June 14, 2022 is also without jurisdiction.

It has been submitted that an application seeking regularization of the unauthorized portion is pending consideration at the end of the Howrah Municipal Corporation since June 24, 2022. The petitioner admits that the extent of deviation in the ground and the fir

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