Form No.J(2) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present : The Hon’ble Justice Raja Basu Chowdhury WPA 671 of 2025 with IA. No. CAN 1 of 2025 Avra Adhya Versus The Howrah Municipal Corporation & Ors. with WPA 21736 of 2025 Anil Kr. Gupta @ Ashok Prosad Gupta Versus The Howrah Municipal Corporation & Ors. For the petitioners : Mr. Amritam Mandal in WPA 671 of 2025. Mr. Keshab Chakraborty For the Howrah Municipal : Mr. Santanu Chatterjee Corporation in Mr. Ankit Sureka WPA 671 of 2025. For the Howrah Municipal : Ms. Sonal Sinha Corporation in Mr. Ankit Sureka WPA 21736 of 2025. For the petitioner in WPA : Mr. Biswaroop Bhattacharya 21736 of 2025 and respondent Mr. Srijib Chakraborty no. 6 in WPA 671 of 2025. Mr. Sumitava Chakraborty Mr. Rupsa Sreemani Heard on : 21.07.2026 Judgment on : 21.07.2026 2 WPA 671 of 2025 with WPA 21736 of 2025 Raja Basu Chowdhury, J (Oral): 1. The instant writ petition has been filed, inter alia, praying for a direction upon the municipal authorities to immediately draw proceedings under Section 177 of the Howrah Municipal Corporation Act, 1980 for the purpose of demolishing the illegal and unauthorized construction that has been raised by the private respondent over and above the holding situated at 76, Upendranath Mitra Lane, P.O.-Salkia, P.S.-Golabari, District-Howrah, PIN 711106 (hereinafter referred to as the “first writ petition”). The above writ petition was filed on 9th January, 2025. 2. Incidentally, the respondent No. 6 had subsequently filed a writ petition which was registered as WPA 21736 of 2025 (hereinafter referred to as the “second writ petition”), inter alia, challenging the notice dated 16th July, 2025 whereby the municipal authorities had issued a self-demolition notice for unauthorized construction at holding No. 76, Upendranath Mitra Lane, P.O.-Salkia, P.S.- Golabari, District Howrah, PIN 711106. The said order specifically identified the unauthorized portions which include the entire 5th and 6th floors and deviated portions of the 4th floor. 3. When the first writ petition was taken up for consideration by an order dated 17th June, 2025, this Court was pleased to direct the municipality to file a report in response to the allegation of unauthorized construction made by the respondent Nos. 6 and 7 within two weeks. Despite such direction, the municipality chose 3 WPA 671 of 2025 with WPA 21736 of 2025 not to file any report within the time as directed. Accordingly, when the above writ petition was taken up for consideration on 8th May, 2026 at the instance of the petitioner who had brought to the notice of the Court, the subsequent development in the form of construction of further addition floors, by filing an application being CAN 1 of 2025, this Court noting the peculiar facts and the case made out by the petitioner that though the original sanction was for a G+4 storied building, the said structure had gained in height and had become G+7 storied building subsequent to the filing of the writ petition, and the report filed by the municipality before this Court on 7th March, 2026, that a G+7 storied building was standing, directed the municipality to immediately carry out an inspection at the locale and file a detailed report before this Court when the matter is taken up next. This Court also noting that the building is under construction and remains unoccupied, directed the police authorities to ensure unauthorised portion is not permitted to be occupied. It was further provided that the report must contain an inventory of the unauthorized portion. Pursuant to the aforesaid direction, the matter came up for consideration on 18th May, 2026 when the petitioner had submitted that construction activity at the building had not ceased. Incidentally, the municipality instead of filing the report as directed had drawn the attention of this Court to the order dated 8th April, 2026 passed by the Co-ordinate Bench in 4 WPA 671 of 2025 with WPA 21736 of 2025 the second writ petition whereby the order of self-demolition dated 16th July, 2025 was stayed. 4. On 18th May, 2026, Mr. Bhattacharya, learned advocate for the respondent no.6 had also drawn the attention of this Court to the order dated 30th March, 2026 passed in WPA 1318 of 2025 concerning the illegal construction at the self-same property whereby this Court had directed initiation of proceedings under Section 177 of the Howrah Municipal Corporation Act, 1980 (in short, the “said Act”) and submitted that the respondent no.6 was ready to face such proceeding. Accordingly, this Court by order dated 18th May, 2026 had directed the writ petition being WPA 21736 of 2025 to appear before this Court when the matter is taken up next. Further noting that this Court by an order dated 8th May, 2026 had directed the municipality to carry out an inspection which had not been done and the explanation provided by the municipality for not complying with such direction being not sufficient, directed the respondent no. 2 to file an affidavit before this Court to explain the circumstances under which the order dated 8th May, 2026 had not been complied with. Pending further consideration, this Court directed the respondent no. 5 to carry out the inspection of the premises in question with the assistance of the respondent Nos. 3 and 4 and file a report enclosing the inventory of the property when the matter is taken up next. This Court also recorded the undertaking of the respondent no.6 through her son 5 WPA 671 of 2025 with WPA 21736 of 2025 that no further construction shall take place without the leave of this Court. 5. Pursuant to the aforesaid direction, the police authorities had filed a report and an affidavit-of-compliance was filed by the Assistant Engineer-in-Charge, Building Department, HMC which records that on the basis of the inspection carried out, the deponent to the said affidavit had been able to ascertain the names of the occupants in the respective floors, and that pursuant to the order dated 18th May, 2026, an inspection was carried out; the inspection report which has been enclosed to the aforesaid affidavit is extracted hereinbelow: 6. This apart in paragraph 14 of the aforesaid report, he has referred to a report prepared by the Officer-in-Charge, Golabari P.S. To 6 WPA 671 of 2025 with WPA 21736 of 2025 morefully appreciate the same, the relevant paragraph is extracted hereinbelow: “14. That, in the meantime, in terms of the order dated 18.05.2026, a report has been placed before The Hon’ble Court by the Officer-in-Charge, Golabari Police Station. A perusal of the said report will reveal that the building consists of one room on the ground floor, 1st, 2nd and 3rd floors were divided into three portions measuring approximately 680 sq.ft. each and 4th, 5th and 6th consist of single unit measuring approximately 1300 sq.ft. each more or less. It was further mentioned that the landlord, namely Anil Kumar Gupta and legal heir occupied one portion of the first floor and the unfinished flats situated on the 4th, 5th and 6th floors. It was also mentioned therein that as per the requisition of the Assistant Engineer (In-charge), Building Department, Howrah Municipal Corporation, a joint inspection was held on 21.05.2026 so followed by the inventory list duly prepared and photographs taken in course of inspection.” 7. The petitioner has since filed a supplementary affidavit and has claimed that despite the order passed by this Court on 8th May, 2026, the private respondents in utter violation thereof are trying to occupy the entire building which is under construction. 8. Let it be placed on record that the matter has since been taken up for consideration for final hearing and the parties are heard. Mr. Mondal, learned advocate appears for the petitioner. He submits that the private respondents have committed not only irregularity but have committed gross illegality in carrying out unauthorized construction of more than 624 sq. mtrs. In support of his case, he 7 WPA 671 of 2025 with WPA 21736 of 2025 has placed reliance on the inspection report dated 25th August, 2025 which has been enclosed to the report filed by the municipal authorities. The relevant portion of such report is extracted hereinbelow: 9. This apart, Mr. Mondal, brought to the notice of this Court, diverse complaints lodged with the police authorities as regards the steps taken by the respondent nos. 6 and 7 to forcefully occupy the portion which is under construction. In the facts as noted hereinabove, according to him, the entire building which is otherwise unauthorized should be demolished. 8 WPA 671 of 2025 with WPA 21736 of 2025 10. Mr. Bhattacharyya, learned advocate appears for the respondent No. 6 and by drawing attention of this Court to the order dated 30th March, 2026 passed in WPA 1318 of 2025 would submit that this Court while dealing with the illegal construction at holding No. 76, Upendranath Mitra Lane, P.O.-Salkia, P.S.-Golabari, District Howrah, PIN 711106 had already directed the municipal authorities to initiate the proceedings under Section 177 of the said Act, and bring the same to a logical conclusion on an expeditious basis preferably within a period of 12 weeks from date. Accordingly, he submits that this matter may be relegated to the municipal authorities for re-consideration. To morefully appreciate the contention of Mr. Bhattacharya, the relevant portion of the order being paragraphs 4, 5 and 6 are extracted hereinbelow: “ 4. Mr. Banerjee, learned Advocate appearing for the Municipality submits that the petitioner’s complaint as regards the drainage has already been taken care of. Insofar as the allegations of illegal construction is concerned, the Municipality already decided to initiate proceeding under Section 177 of the Howrah Municipal Corporation Act, 1980. However, since the matter is pending before this Court the proceedings have not been initiated. 5. The respondent no. 10 is represented in Court. He however, prays for an accommodation. 6. Having heard the learned Advocates appearing for the respective parties and considering the fact that the respondent no. 10 was duly represented at the joint inspection carried out by the Municipal Authorities, which was held on 28th August, 2025, I am of the view that there is no scope at this stage to adjourn the matter. Further contention of the respondent no.10 that he was not favoured with the writ petition at this belated stage cannot be accepted in absence of any previous contemporaneous letter seeking for copy of writ petition. As such taking note of the fact that the Municipal Authorities have already arrived at a finding to initiate a proceeding under Section 177 of the Howrah Municipal Corporation Act, 1980(hereinafter referred to the said Act), I am of the view that it shall be prudent at 9 WPA 671 of 2025 with WPA 21736 of 2025 this stage to permit the Municipal Authorities to initiate proceedings under Section 177 of the said Act and to bring the same to a logical conclusion as expeditiously as possible preferably within a period of 12 weeks from the date of communication of this order. Pending further consideration by the Municipal Authorities no further construction shall be permitted and the construction already carried out by the respondent no. 7 shall abide by the result of the decision to be taken by the Municipality. The above order may be posted on the outer wall of the building in question.” 11. The municipality is heard. 12. Having heard the learned advocates appearing for the respective parties, I find, admittedly in this case, there is a construction over the plot of land at premises No. 76, Upendranath Mitra Lane, P.O.- Salkia, P.S.-Golabari, District Howrah, PIN 711106. I also note form the disclosure made by the respondent No. 6 and the municipality that a building permit has been sanctioned by the municipal authorities in favour of the respondent no.6. It is not in dispute that the sanction is only in respect of G+4 storied building. From the disclosure made by the municipal authorities as noted hereinabove in form of the inspection report, it would transpire that three additional floors have been constructed. The municipal authorities have already taken steps to deal with the unauthorised construction and have concluded the proceeding and passed an order under Section 177 of the said Act on 16th July, 2025. In fact, the respondent no. 6 in a separate writ petition has challenged such order which has been registered as WPA 21736 of 2025. The said order has incidentally been stayed having regard to the order passed in WPA 1318 of 2025, by the Coordinate Bench of this Court 10 WPA 671 of 2025 with WPA 21736 of 2025 on 8th April, 2026 and the matter has been made returnable before the Regular Bench. The said writ petition has also been heard along with the present writ petition. The challenge in the said writ petition (second writ petition) is directed against the order of demolition on the ground that the order is not a reasoned order. No case of violation of principles of the natural justice has been made out. Nothing has been disclosed to demonstrate that the respondent no.6 was authorised to construct beyond the sanctioned floors. Admittedly, additional 5th, 6th and 7th floors have been constructed. From the disclosures made by the parties including the respondent no.6, the sanction permit is only for G+4 storied building. 13. Having regard to the disclosures made and noting than an illegal construction to the extent of 624.052 sq. mtrs. has taken place at the aforesaid holding, out of which the illegal construction for the 5th, 6th and 7th floors is more or less 313.202 sq. mtrs., in my view, the order passed by the municipality cannot be said to be perverse. As such, there is no scope for this Court to interfere. It is well settled that illegal construction goes against the planned development of the city and is a social evil. The respondent no.6 is somehow trying to dodge the proceedings and wriggle out of the demolition order. The order dated 30th March, 2026 which was passed by this Court in WPA 1318 of 2025 was obviously passed without notice to the order of demolition dated 16th July, 2025. The Howrah Municipal Corporation did not disclose the above order 11 WPA 671 of 2025 with WPA 21736 of 2025 even in the report filed in the form of an affidavit affirmed by Biplab Roy, Assistant Engineer (in-charge) on 4th September, 2025. What was disclosed with the affidavit instead was the joint inspection report dated 25th August, 2025, which was conducted pursuant to the order dated 9th July, 2025 passed in WPA 1318 of 2025. This Court at that stage being unaware that the proceeding had been finally decided by order dated 16th July, 2025, and noting from paragraph 9 of the affidavit that the municipality having detected illegal construction will call the parties for hearing under Section 177 of the said Act, had permitted the municipality to deal with the same by initiating proceeding under Section 177 of the said Act. Complete suppression was made as regards the order dated 16th July, 2025 or the show-cause notices dated 24th December, 2025, 18th January, 2025 or the request letters issued by the respondent no.6 for rescheduling the hearing, which proceeded the above order. Interestingly, all the above notices from the municipality appears to have been issued by the same person. The municipality could not have suo moto revised its own order. Be that as it may, the said order dated 30th March, 2026 cannot override the order of demolition dated 16th July, 2025, which in any event, was not subject matter of challenge and had not been set aside. In the light of the above and noting from the order dated 16th July, 2025 which forms subject matter of second writ petition in WPA 21736 of 2025 that the said order was passed upon affording opportunity to the 12 WPA 671 of 2025 with WPA 21736 of 2025 petitioner of show-cause under Section 177(1) of the said Act and noting from the disclosure made by the municipal authorities and by the petitioner that the additional construction of 5th ,6th and 7th floors are way beyond the sanctioned plan, made in the teeth of the stop work notice, and consumes approximately 313.202 sq. mtrs. which under no stretch of imagination may be said to be a minor construction or deviation, the order which was subject matter of challenge in WPA 21736 of 2025 does not call for an interference. The writ petition being WPA 21736 of 2025 is accordingly dismissed. 14. Insofar as the WPA 671 of 2025 is concerned, the municipal authorities are at liberty to proceed in accordance with law. The connected application being CAN 1 of 2025 also stands disposed of. 15. The police authorities are directed to ensure that the 5th, 6th and 7th floors of the premises in question which are unauthorised remains unoccupied till further action from the municipal authorities. 16. After this order is dictated, Mr. Chakraborty, learned advocate for the respondent no.6 wishes to place the exception to the report filed by the respondent nos. 3 and 5. Though belatedly filed, the same are taken on record. From the perusal of the exception, it does not appear that the petitioner has made out any case that it is authorized to construct G+7 storied building. No sanctioned plan to sustain the G+7 storied building has been disclosed, as such, the exception, in my view, does not alter the basis of the order. 13 WPA 671 of 2025 with WPA 21736 of 2025 17. With the above observations and directions, the writ petition is disposed of. 18. After this order is passed, Mr. Chakraborty prays for stay of the operation of this order. The same is considered and refused. Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of requisite formalities. (Raja Basu Chowdhury, J.) Sayandeep A.R. (Court)