RANJIT PAL Vs. HOWRAH MUNICIPAL CORPORATION

JUDGEMENT

(1.) This appeal against an order dated February 7, 2012, passed in W. P. No. 176(W) of 2012 by a learned single Judge of this Court raises a very important point of law. The appellants had obtained permission for construction of a residential complex both for their personal use as also for sale to outsiders.

(2.) The plan was sanctioned by the Howrah Municipal Corporation (hereinafter referred to as the 'Corporation'). On a complaint by some local people regarding the construction made by them the appellants were called by the respondents authorities for a hearing regarding the unauthorized construction raised by them. They participated in the hearing wherein their stand was that they had already submitted a 'as-made' plan. They have alleged that the respondents authorities in total derogation of the relevant provisions of the Howrah Municipal Corporation Act, 1980 (hereinafter referred to as the 'Act') passed an order of demolition on December 9, 2011 of the unauthorisedly constructed portion within seven days from the date of receipt of the order.

(3.) The appellants filed a writ petition, inter alia, for an order setting aside the order of demolition and for a direction upon the Commissioner of the Corporation to reconsider the whole issue on the basis of the 'as-made' plan submitted by them. The main grievance of the appellants was that the order impugned in the writ petition was issued by the Assistant Engineer, Borough-V and not the Commissioner of the Corporation who is the competent authority to take a decision for demolition of the building. The learned Single Judge dismissed the writ petition. Against that order the present appeal has been filed.