16.07.2025 Sl. No.8 tkm W. P. A. 12422 of 2025 CAN 1 of 2025 CAN 2 of 2025 [Ankit Kumar -Vs- The State of West Bengal & Ors.]

Mr. Sabyasachi Chatterjee Mr. Ratikanta Pal … … for the petitioner Mr. Sandipan Banerjee Mr. Ankit Sureka … … for the HMC Re : CAN 1 of 2025

1. The present application being CAN 1 of 2025 is filed seeking restoration of the writ petition which was dismissed for default on 30.6.2025.

2. Learned counsel for the respondent HMC submits that he has no objection if the writ petition is restored.

3. For the reasons stated in the application and the consent given by the respondent corporation, vide order dated 30.6.2025 is recalled and the present writ petition is restored to its original file and number.

4. CAN 1 of 2025 is allowed.

Re : WPA 12422 of 2025

5. Report filed by the respondent Howrah Municipal Corporation is kept on record.

6. The petitioner has filed the present writ petition, challenging the impugned notice dated 29.5.2025 issued by the respondent corporation, whereby the petitioner was directed to vacate the unauthorised portion for carrying out demolition action of the alleged unauthorised construction at premises no. 116 Sadar Boxi Lane, Ward no. 17, Howrah.

7. It is the case of the petitioner that he is the lawful owner of the flat no. 202, measuring more or less 395 sft. Carpet area. He submits that he had purchased the said property by way of a registered sale deed dated 8.7.2024. The petitioner further asserts that he has been residing in the said flat along with his family since the purchase of the said property. There are other residents, tenants and occupiers in the said building.

8. The petitioner submits that the respondent corporation had affixed a notice dated 29.5.2025 on the outer wall of the above stated property. Said notice stated that certain unauthorised or deviated constructions exist at the premises and that, pursuant to the order of the Commissioner dated 29.05.2025, demolition of such construction would be carried out. All residents were thereby instructed to vacate the premises within 7 days.

9. The petitioner specifically submits that no specific notice of demolition was ever served upon him. Moreover, he was neither afforded an opportunity of hearing nor informed about the nature and extent of alleged unauthorised construction, particularly in relation to his flat no. 202.

10. The petitioner further submits that he came to know about the said unauthorised construction upon making enquiries with other neighbours that writ petition being WPA 27127 of 2023 titled as Sanjib Show @ Sandip Kumar Shaw & Anr. vs. The State of West Bengal & Ors. had been disposed of by a co- ordinate Bench of this court vide order dated 18.12.2023. In that proceeding, the subject matter pertained to the alleged unauthorised construction on the said premises. The Court had directed the respondent corporation to take appropriate steps after affording an opportunity of hearing to all the concerned parties.

11. He further submits that despite clear direction of this Court, the respondent corporation had issued a notice of vacation on 29.5.2025 without granting any opportunity to the petitioner to be heard.

12. Learned counsel for the respondent submits that the present matter has a chequered history. It is submitted that the premises in question was granted a valid sanctioned plan only for G+1 floor. Though in contravention of the said sanctioned plan, the private respondents had constructed the 2^nd, 3^rd, 4^th and 5^th floor illegally and in an unauthorised manner.

13. Mr. Banerjee further submits that a stop work notice was issued on 24.2.2023. A hearing was conducted on 16.3.2023. After conclusion of the hearing, a self-demolition notice was issued on 24.4.2023. He asserts that the demolition action was subsequently carried out on 17.7.2023, 1.12.2023, 2.12.2023, 4.12.2023 and 5.12.2023.

14. He further submits that the writ petition being WPA

27127 of 2023 was filed alleging unauthorised construction in the above