BHAGGO DHAR MANNA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the submissions of the learned Advocate for the writ petitioner Mr. Naren Debnath appearing with the learned Advocate Mr. Neguive Ahmed and the learned Advocate for the Howrah Municipal Corporation Mrs. Smrita Kana Mukherjee. Considered the materials on record.

(2.) The matter relates to the demolition of a building. As per sub-section (1) of section 177 of the Howrah Municipal Corporation Act, 1980 (hereinafter referred to as the said Act), a hearing was given to the petitioner as contained in the proviso under sub-section (1) of section 177 of the said Act. According to the petitioner, thereafter no order was passed or communicated to the petitioner, and according to Mr. Debnath, unless an order is passed and communicated the building cannot be demolished in exercise of power under section 177 of the said Act.

(3.) Mrs. Mukherjee, in order to establish that earlier the notice was given, relied on the notice dated 28.5.94 and for that she handed up the record of the case as in custody of the Howrah Municipal Corporation.