1. The petitioner has preferred the present writ petition assailing the demolition order dated 22.12.2022 passed by the Assistant Engineer of the respondent municipality, whereby the petitioner was directed to demolish the unauthorized construction raised at premises no. 26, Nandy Bagan Bye Lane, Ward no. 10, Howrah.

2. The petitioner claims to be the co-owner of the subject premise and states that the construction was undertaken pursuant to the sanctioned plan duly approved by the competent authority, which permitted construction up to ground plus two (G+2) floors. However, it is an admitted position on record that the petitioner subsequently constructed two additional floors beyond the sanctioned G+2 structure, thereby resulting in a total construction of G+4 storied building. Upon noticing such unauthorized construction, the respondent municipality issued a show cause notice to the petitioner calling upon him to explain the deviation from the sanctioned plan and to appear for a hearing.

3. However, the record reflects that the petitioner failed to respond to the said show cause notice or to participate in the hearing as scheduled. Consequently, the respondent authority proceeded