26.11.2025

sb

Ct.3.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

WPA 20828 of 2025

Mahabbat Ali Mullick & Anr.

Versus

The Howrah Municipal Corporation & Ors.

Mr. Animesh Paul

Ms. K. Keshri

Ms. M. Upadhyay

… For the petitioners.

Mr. Sandipan Banerjee

Mr. Ankit Sureka

… For the Howrah Municipal Corporation

Mr. Debarshi Brahma

Mr. Subarna Banik

… For the respondent no.5.

1. Affidavits of service filed in Court are taken on

record.

2. Challenging the order dated 20th August, 2025 passed by the Assistant Engineer, Building Department, Howrah Municipal Corporation, the instant writ petition

has been filed.

3. The matter has a chequered history. The records reveal that being aggrieved with inaction on the part of the municipal authorities to pass an order after conducting hearing on 4th November, 2022 in connection with illegal construction at LR No. 249-251 (R.S.), 127, 128 LR, Khatian No. 191 (R.S), 720 (L.R.) Mouza Jagacha under Ward 47 a writ petition had been filed by the private respondent which was registered as WPA 3751 of

2023.

4. By an order dated 14th June, 2023 such writ petition was disposed of by directing the municipal authorities to take steps and pass and order in furtherance to hearing held on 4th November, 2022.

5. Subsequently an inspection was held on 14th July, 2023. It was found that no new construction was going on at the site and their existed a two-storied building for which no sanction plan could be produced by the person responsible. Accordingly, it was declared that the same to be unauthorized and the petitioner was directed to demolish the unauthorized construction.

6. Being aggrieved a writ petition was filed by the petitioner which was registered as WPA 20511 of 2024. By an order dated 12th June, 2025 a Coordinate Bench of this Court noting that it was incumbent upon the authority to afford a fresh opportunity of hearing before taking a decision was pleased to dispose of the said writ petition by inter alia observing as follows:

“a) The Assistant Engineer-in-Charge, Building Department, Howrah Municipal Corporation, Bourough-VI, shall schedule a hearing on June 25, 2025 at 2.00 p.m. No further notice of hearing is required to be issued to the petitioners.

b) The relevant inspection report shall be provided to learned counsel appearing for the petitioners by learned counsel representing the Howrah Municipal Corporation within seven days from the date of this order.

c) After hearing the petitioner, the Assistant Engineer-in-Charge, Building Department, shall pass a reasoned order in accordance with law and communicate the same to the petitioners.

d) This order is passed with the express consent of the petitioners, who have agreed to be heard by the Assistant Engineer-in-Charge, Building Department, Howrah Municipal Corporation. Consequently, the petitioners shall not be entitled to challenge the jurisdiction of the said officer to adjudicate the matter”.

7. Later, on 16th June, 2025, an additional clause ‘e’ after clause ‘d’ was added to the said order in the following terms:-

“e. Accordingly, the order dated July 24, 2024 passed by the Assistant Engineer, Borough-VII is set aside”.

8. The petitioners thereafter participated in the hearing and had filed written submissions. Following the aforesaid a fresh inspection was conducted at the locale on 9th July, 2025. Though the petitioners claimed to be present at the time of hearing, according to the petitioners the inspection report was not supplied to them. Following the aforesaid, the order dated 20th August, 2025 has been passed

9. Mr. Paul, learned advocate representing the petitioners would contend that according to the petitioners the construction standing on the property in question is a very old building and the construction has come up at least prior to the period when the provisions of Howrah Municipal Corporation was extended to the area where the petitioners’ building stands. According to him, since at the relevant point of time the provisions of H