Court upheld the necessity of demolishing unauthorized structures despite claims of historical significance due to misleading assertions of the club.

1^st July, 2025 In the High Court at Calcutta Item no.DL 5 Court No. 13 Civil Appellate Jurisdiction Asraf, A.R.(Ct.) Appellate Side Case No. MAT 512 of 2025 with CAN 1 of 2025 In the matter of :

TAPAN KUMAR DEY …. Appellant VS.

MUNMUN BANERJEE and OTHERS ….Respondents For the Appellant :

Mr. Jishnu Chowdhury, Senior Advocate Mrs. Amrita Panja Moulick Ms. Shivangi Agarwal ….Advocates For the Respondent nos. 1 to 25 :

Mr. Suddhasatva Banerjee Mr. Aurin Chakraborty Ms. Debjani Sengupta ….Advocates For the Respondent no.30 :

Mr. Saptarsi Banerjee Mr. Amal Kumar Saha Mr. Iresh Paul Mr. Shivam Debnath ….Advocates For the Respondent / Howrah Municipal Corporation :

Mr. Sandipan Banerjee Mr. Ankit Sureka ….Advocates

1. The original writ petition being WPA 4689 of 2022 (Tapan Kumar Dey Vs. The HMC & Ors.) was filed seeking demolition of unauthorized structures situated at 69 & 71, Kashinath Chatterjee Lane, Shibpur, Howrah – 711102.

2. The Single Bench by the order dated 25^th March, 2022 disposed of the writ petition directing the Howrah Municipal Corporation (for short, “HMC”) to conduct an inspection of the premises and the unauthorized construction and to take steps in accordance with law. Accordingly, a report dated 21^st April, 2022 was prepared in which it was found by the HMC that a large number of unauthorized structures both old and new were existing on the said premises. It was also found that a deity of Lord Shiva (a shivlinga) which was not there when „stop work‟ notice was issued, was placed at the premises of an unauthorized club house structure, before the date for a joint inspection.

3. Prior to the construction of the new structures, the open land was being used as a playground and the unauthorized old structure in the form of a club house was existing thereat most likely since the year 1986.

4. The HMC, pursuant to the said report dated 21^st April, 2022 (supra) directed demolition of the unauthorized structures under the provisions of Section 177 (5) of the Howrah Municipal Corporation Act, 1980 vide its order dated 24^th June, 2022.

5. Challenging the order of demolition, a local Club called Shibpur Nimtala Sporting Club (the club)

filed a writ petition being WPA 13133 of 2022.

6. Another Single Bench by order dated 26^th July, 2022, dismissed the writ petition finding no reason to interfere with the order of the HMC dated 24^th June, 2022 (supra).

7. On an appeal against the said order dated 26^th July, 2022 being MAT 1306 of 2022, the Club offered to demolish the unauthorized construction on its own. The Club was permitted by order dated 26^th November, 2024 eight weeks time to self-demolish the unauthorized construction indicated in the order dated 21^st April, 2022 (supra). The appeal was accordingly disposed of.

8. The HMC, at the behest of an order dated 2^nd January, 2024 passed in the said appeal, had submitted a report dated 7^th February, 2024 indicating that both old and new structures on the said premises were completely unauthorized.

9. The Division Bench of this Court by its order dated

26^th November, 2024 (supra) had therefore clearly found that the appellant / Club therein had accepted unauthorized construction on the said premises and had agreed to self-demolish the same. There was a rider attached that in the event, the writ petitioners / Club therein did not effect demolition as undertaken, the HMC would be at liberty to effect demolition of all unauthorized construction thereat.

10. Lo and behold a 3^rd writ petition being WP 5887 of

2025 is filed by the wife