Amrita Sinha,J. - (1.) The instant case is a glaring example of the adage, 'justice delayed is justice denied'. Even though the Court on successive occasions held in favour of the petitioners, but for reasons alien to law, the petitioners are yet to reap the benefit they are entitled to in terms of the order of the Court. In spite of the right of the petitioners being crystallized, they are forced to approach the Court repeatedly for justice. Justice seems to be eluding, so near, yet so far.
(2.) The petitioners are aggrieved by the order dated 26th February, 2020 issued by the Commissioner, Howrah Municipal Corporation whereby the Corporation refrained from carrying out the demolition work of the unauthorized construction in view of the order passed by the Ld. Civil Court.
(3.) The matter relates to unauthorized construction in the premises nos. 62/A/2 and 62/A/3, J. N. Mukherjee Road, Ghusuri, P.S. Malipanchghara, District- Howrah. Complaining the action of the private respondent in making unauthorized construction, the petitioners applied before the Howrah Municipal Corporation. As no action was taken, the petitioners approached this Court by filing a writ petition being W.P No. 17010(W) of 2012. The said writ petition was disposed of by an order dated 13.09.2012 by recording and relying upon the submission made on behalf of the private respondent herein that she was not making any construction in the premises. It was also recorded that the Howrah Municipal Corporation has not issued any sanctioned plan authorizing the private respondent to raise any construction in the premises. Injunction order was issued restraining the private respondent from raising any construction without any legal authority and without obtaining any sanction plan from the municipal authority. It was also made clear that in the event any complaint is received by the municipality alleging unauthorized construction in the said premises, the municipal authority will take steps in accordance with law.;