WPO No. 758 of 2025 · Calcutta High Court
Case at a glance
Outcome
Disposed of
Accordingly, the writ petition stands disposed of by directing the
Provisions considered
Key paragraphs
- Para 44. Accordingly, the writ petition stands disposed of by directing the municipal authorities to take appropriate action in accordance with law upon notice to the person responsible concerning the illegal construction detected by the municipal authorities noted in the report dated 30th October 2025. The…
Judgment
Appearance: Mr. Aurin Chakraborty, Advocate Mr. Arindam Poati, Advocate for the petitioner Mr. Alak Kr. Ghosh, Advocate Mr. Swapan Kr. Debnath, Advocate for the KMC Mr. Tanoy Chakraborty, Advocate Mr. Chhandak Dutta, Advocate for respondent nos.9 & 10 Ms. Sangeeta Roy, Advocate for the respondent The Court:
Complaining illegal construction and the failure on the part of the municipal authorities take steps despite representations made by the petitioner lastly on 28th July 2025, the instant writ petition has been filed.
Mr. Ghosh, learned advocate representing the Kolkata Municipal Corporation has placed before this Court a report dated 30th October 2025 prepared by the Executive Engineer (Civil), Building Department to contend that an inspection was carried out at premises no.B/16/1/H/3, Sir Syed Ahmed Road, Ward – 54, Borough – VI, Kolkata when it was 2 detected that the person responsible erected some R.C.C. columns at the fourth storey of the building standing on the aforesaid premises, and also encroached upon mandatory open spaces from the first floor level to roof level of the said three-storied building. Following such inspection the Kolkata Municipal Corporation on 20th August 2025, has also issued a stop work notice under section 401 of the Kolkata Municipal Corporation Act, 1980. The municipal authorities are also in the process of taking further steps.
Having regard to the inspection report filed in Court today and having heard the learned advocates representing the respective parties and considering the materials on record, I am of the view that no fruitful purpose would be served by keeping the writ petition pending.
Operative part
Accordingly, the writ petition stands disposed of by directing the municipal authorities to take appropriate action in accordance with law upon notice to the person responsible concerning the illegal construction detected by the municipal authorities noted in the report dated 30th October 2025. The proceeding must be initiated within a period of two weeks from the date of communication of this order and the same must be brought to a logical conclusion and concluded within a further period of eight weeks therefrom. (RAJA BASU CHOWDHURY, J.) R. Bose
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the writ petition stands disposed of by directing the
Which statutory provisions did this judgment involve?
Kolkata Municipal Corporation Act, 1980 — s. 401.
Which court decided this case, and when?
Calcutta High Court, on 08 Jan 2026. The bench was RAJA BASU CHOWDHURY.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.