Form No.J(2)

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present :

The Hon’ble Justice Raja Basu Chowdhury WPA 27705 of 2025 Sri Manas Kumar Sengupta & Anr.

Versus The Howrah Municipal Corporation & Ors.

For the petitioners : Mr. Ayan Banerjee Mr. Suman Banerjee For the respondent no.5 : Ms. Shebatee Datta Ms. Poulami Roy For the Howrah : Mr. Sandipan Banerjee Municipality Corporation Mr. Ankit Sureka Heard on : 19.01.2026. Judgment on : 19.01.2026 Raja Basu Chowdhury, J (Oral):

1. The writ petition has been filed, inter alia, challenging the order dated 24th November, 2025 whereby the petitioners’ prayer for regularization dated 23rd April, 2025 has not been considered.

2. The matter has a checkered history.

3. Complaining of illegal construction at the behest of the writ petitioners in premises No. 87A, Mohiary Road, Jagacha, P.S. – Jagacha, Howrah – 711112, a writ petition was moved, which was registered as WPA 25522 of 2023. A Co-ordinate Bench of this Court by order dated 29th July, 2024 by noting the submissions made by the parties including those made by the writ petitioners herein who were arrayed as respondent nos. 12 and 13 in such writ petition, that the alleged construction that had undertaken without permission from the Howrah Municipal Corporation, and that the corporation had already issued a notice dated 15th September, 2023 under the provisions of Section 177(1) of the Howrah Municipal Corporation Act, 1980 on the respondent nos. 12 and 13 as aforesaid, had directed the Assistant Engineer, in charge Building Department of Howrah Municipal Corporation to complete the proceedings within one month from the date of communication of the order after giving opportunity of hearing to all concerned.

4. In terms of the aforesaid order the Municipality/Corporation had held a joint inspection on 21st March, 2025 wherein the following points were noted:

(1) The building comprising in the captioned holding is now G+3 storied. But sanctioned was accorded for a G+3 building. It has been observed that the main entrance of the building lock and key, so the measurement work was done outside of the building. Deviation on all floors from ground floor to 3rd floor has been done. Comparative statement regarding sanctioned area and unauthorized areas (floor wise) is appended below.

(2) Constructed area of each floor = 74.865 Sq. m.

(3) Sanctioned area at each floor = 56.828 Sq. m.

(4) Deviated area at each floor = 18.037 Sq. m.

(5) Total unauthorized area more or less 72.148 Sq. m.

(6) Self Demolition Notice has already been issued, but alleged offender has not complied the Self Demolition Notice by himself till date.

5. Following the aforesaid, the Assistant Engineer-in-Charge, Howrah Municipal Corporation in terms of the order dated 29th July, 2024 by giving opportunity of hearing to the parties passed an order dated 9th April, 2025 thereby directing that the unauthorized construction being in violation of the Building Rules be demolished within 15 days from the date of such order.

6. After the aforesaid order was passed, the writ petitioners herein had applied for regularization of the minor deviation. According to the writ petitioners herein since, the application for regularization was kept pending, the writ petition being WPA 10642 of 2025 was filed. Independent of the above, challenging the demolition notice dated 25th March, 2025 and order dated 9th April, 2025 a writ petition being WPA 7973 of 2025 was filed. Both the writ petitions came to be disposed of by a common order whereby a Co-ordinate Bench of this Court without expressing any opinion on the merits as to whether the construction is capable of being regularized had directed the Commissioner of Municipal Corporation to take an independent decision strictly in accordance with law after affording opportunity of hearing to the petitioners as well as of other concerned parties.

7. Pursuant to the aforesaid the Assistant Engineer, in charge, Building Dep