Sl. No.10 10.03.2025 Suman Ct. 15 WPA 30132 of 2024 Smt. Mithu Ghosh and Ors. Vs. The State of West Bengal and Ors. Mr. Sukanta Ghosh Mr. Dilip Kumar Mandal Mr. Rohan Shaw ..for the petitioners Mr. Tirthankar Dey Mr. Arka Kumar Nag ..for BMC The petitioners contend that the demolition order dated July 26, 2019, issued in respect of the building located at 8/11/9, East Mall Road, P.S. Baguiati, Kolkata-700080, under the Bidhannagar Municipal Corporation, was passed without affording them an opportunity to be heard. The petitioners claim to be the current owners of the flats in the relevant building. The report filed by the Corporation identifies the following deviations: “…b) Part of the ground floor is being constructed as shop instead of garage. c) A mandatory open space in the ground floor is found to be encroached in few places. d) From 1st floor onwards the building is projected in the west side by about 4 feet, which is beyond the Sanctioned Building Plan.” The learned advocate for the petitioners has informed that the relevant garage has already been demolished. The question of providing an opportunity for a hearing to the petitioners need not be addressed in this writ petition, given the order that I intend to pass. In light of the nature of the unauthorized construction as indicated in the report, I direct the Bidhannagar Municipal Corporation to reconsider the demolition order in accordance with the provisions of Circular No. 889/UDMA- 15011(24)/6/2023-LS-MA SEC, dated December 4, 2023, issued by Urban Development and Municipal Affairs Department of the State within one month from the date of communication of this order, after providing an opportunity for hearing to the petitioners or their authorised representatives. A reasoned decision shall be communicated to the petitioners within seven days thereafter. Accordingly, WPA 30132 of 2024 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings. 2 (Kausik Chanda, J.) 3