Form No. J (2) IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present: The Hon’ble Justice Debangsu Basak And The Hon’ble Justice Md. Shabbar Rashidi MAT 2332 of 2024 IA NO: CAN/1/2024 Sri Arun Bhowmick vs. The State of West Bengal & Ors. For the Appellant : Mr. Prantick Ghosh, Advocate Mr. Prasad Bhattacharyya, Advocate For the State : Mr. Swapan Banerjee, Advocate Mr. Barun Chatterjee, Advocate For the Howrah Zilla Parishad : Ms. Mekhla Sinha, Advocate Ms. Malabika Roy Dey, Advocate Heard on : 27.01.2025 Judgment on : 27.01.2025 DEBANGSU BASAK, J.:- 1. Appeal is directed against an order dated December 4, 2024 passed in WPA 13546 of 2024. 2. Appeal is at the behest of the appellant. 3. By the impugned order, learned Single Judge dismissed the writ petition. Signed By : CHINMOY CHAKRABORTY High Court of Calcutta 28 th of January 2025 02:40:44 PM MAT 2332 of 2024 2 4. Learned Single Judge held that report of the Howrah Zilla Parishad dated April 19, 2024 was unworthy of consideration in view of the fact that such order does not reflect any particulars as to the nature and factum of the illegal or unauthorized construction alleged to take place. Learned Single Judge also held that, there was no materials to establish the construction to be unauthorized and that such finding in the demolition order dated April 19, 2024 was based on surmises and conjectures and bald allegations. 5. State and Zill Parishad are represented. 6. Prayer for adjournment made on behalf of the private respondent is considered and rejected. Neither the advocate on record nor the learned counsel are in Court. 7. The appeal was fixed in presence of the parties including the private respondent on January 13, 2025. 8. The writ petition which gave rise to the impugned order is the second round of litigation between the private parties. Earlier, another writ petition was filed at the behest of the appellant being WPA 25249 of 2023. Such writ petition was disposed of by requiring the authorities to undertake an exercise to find out whether there exist any unauthorized construction or not. 9. Exercise in terms of the order dated February 20, 2024 passed in WPA 25249 of 2023 was undertaken. Howrah Zilla Parishad passed an order dated April 19, 2024 holding that, the construction at the locale was unauthorized. Signed By : CHINMOY CHAKRABORTY High Court of Calcutta 28 th of January 2025 02:40:44 PM MAT 2332 of 2024 3 10. In arriving at a finding as to whether the construction was unauthorized or not, Howrah Zilla Parishad took into account the fact that, there was no sanctioned building plan in respect of the construction made by the private respondent. Howrah Zilla Parishad also proceeded on the basis of the admission made by the private respondent in course of hearing before it that, the reconstruction was without any sanction and that, the ground part of the land on the northern side encroached upon portion belonging to the appellant. Existence of one septic tank was also acknowledged. 11. Appellant before us approached the Writ Court for the purpose of implementation of the order dated April 19, 2024 passed by the Howrah Zilla Parishad. In such writ petition, the impugned order was passed by setting aside the order of the Howrah Zilla Parishad dated April 19, 2024. 12. Private respondent despite being aware of the order dated April 19, 2024 did not challenge it. 13. At the hearing of the appeal, the private respondent was unable to produce any sanctioned building plan. Private respondent also did not produce any sanctioned building plan before the learned Single Judge. Howrah Zilla Parishad proceeded on the basis that there was no sanction granted for the construction made. Therefore, construction existing at the locale is unauthorized that is to say, that, the construction made was without any sanction. Since the entirety of the construction is without any sanction, the Signed By : CHINMOY CHAKRABORTY High Court of Calcutta 28 th of January 2025 02:40:44 PM MAT 2332 of 2024 4 length and breadth of such construction need not be discussed at length either by the Howrah Zilla Parishad or by the Writ Court. Therefore, there is no material on record to arrive at a finding that, the order of the Howrah Zilla Parishad dated April 19, 2024 was passed on the basis of surmises or conjectures. 14. Since no sanctioned building plan exists in respect of the construction made by the private respondent, the order passed by the Howrah Zilla Parishad dated April 19, 2024 requires to be implemented. 15. Consequently, we set aside the impugned order. 16. We allow WPA 13546 of 2024 and direct the authorities to implement the order dated April 19, 2024 passed by the District Engineer, Howrah Zilla Parishad. 17. MAT 2332 of 2024 along with connected application are disposed of without any order as to costs. (Debangsu Basak, J.) 18. I agree. (Md. Shabbar Rashidi, J.) CHC Signed By : CHINMOY CHAKRABORTY High Court of Calcutta 28 th of January 2025 02:40:44 PM