21.07.2026 Ct. 3 Item No. AD 2 Saswata WPA 13198 of 2026 Kalipada Bolen Versus Howrah Municipal Corporation & Ors. Mr. Pinaki Ranjan Mitra …For the petitioner Mr. Santanu Chatterjee …For the HMC Mr. Sovan Mukherjee Ms. Sneha Chatterjee …For the State Mr. Sayantan Maity …For the respondent no. 5 1. Although this matter was taken up yesterday and an order was passed, however, on the prayer on the learned advocate for the municipality, the matter has been posted once again today for consideration. Accordingly, the unsigned order dated 20th July 2026 is recalled. 2. Challenging a demolition order passed by the Howrah Municipal Corporation dated 20th November 2024 and the subsequent reminder dated 14th May 2026, calling up the petitioner to demolish the unauthorized construction at Dag no.28794, Khatian no. 953, Mouza Unsani, PS- Jagacha, Dist- Howrah, the instant writ petition has been filed. 3. The petitioner claims to be a co-owner in respect of the land classified as Bastu in plot no. 3874. The petitioner also claims to have inherited the aforesaid property and has been residing thereat by 2 constructing a brick built wall with tile shed. In support of the aforesaid contention, the petitioner has disclosed a revenue receipt concerning the holding allotted in favour of the petitioner by the municipal authorities from the third quarter of the year 1984-85 onwards. Electricity bills have also been disclosed. 4. The petitioner contends that the municipal authorities had issued a notice under Section 177(1) of the Howrah Municipal Corporation Act, 1980 calling upon the petitioner to demolish the unauthorized construction of the portion on the ground floor without the sanctioned building plan. The portion where the petitioner is residing is only a single storied construction. A portion of the said construction was partly damaged during the cyclone Amphan. The petitioner has reconstructed the same. Unfortunately, the municipal authorities have since called upon the petitioner to show cause with regard to the alleged structure. 5. Though, the petitioner had made representation, without considering the same, an order of demolition has been passed. Pursuant to the direction passed by this Court on 22nd June 2026, today the municipal authorities have produced the records. Upon perusal of the records, it would transpire that no prior inspection took place in respect of the illegal construction. Although, the petitioner had attended 3 the hearing and put his Left Thumb Impression on the attendance sheet, the order passed by the authorities did not demonstrate by that the petitioner’s representation was considered. The order appears to be a cryptic one. This apart, the note sheet disclosed shows a schematic diagram of the portion which has been illegally constructed. From the aforesaid record, it would transpire that the said construction is 15 ft. x 20 ft. which is 300 ft. of constructed area. 6. I find that the order passed by the municipal authorities is perverse as the same is not based on any material evidence. The same is accordingly set aside. The municipal authorities shall, however, be at liberty to proceed in accordance with law. 7. The writ petition is accordingly disposed of. 8. All parties shall act on the basis of the server copy of this order duly downloaded from this Court’s official website. (Raja Basu Chowdhury, J.)