22.04.2025 Sl. N o.37 Ct.3/ tkm W.P.A. 497 of 2025 [Rafique Ahmed & Ors. vs. Howrah Municipal Corpn. & Ors.]

Mr. Tanmoy Mukherjee Mr. Subhasish Pachhal Mr. S Santra … … for the petitioners Mr. Anirban Ray, ld GP Mr. Nilotpal Chatterjee Mr. Debraj Sahu … … for the State Mr Ankit Surekar … … for HMC

1. The petitioners in the present writ petition are challenging the demolition order dated 24.7.2000 issued by the Chief Architect of the Howrah Municipal Corporation qua premises no. 29, Roshan Golder Lane, Police Station and District Howrah wherein directions were issued for the demolition of unauthorized construction existing in the said premises.

2. The present case has a checkered history. The property in question originally belonged to one Sk. Md. Idris. After his death, the said property devolved upon his legal heirs namely three sons and one daughter i.e. petitioner nos. 1, 2 and husband of petitioner no. 3 and respondent no. 7. A partition suit being TS no. 3490 of 2014 is pending between the parties before the civil court.

3. In the year 1999 respondent no. 7 filed a writ petition being WP 20769 (W) of 1999 alleging unauthorized construction in the premises in question. This court v