Noor Alam Molla and Anr. Vs Kolkata Municipal Corporation and Ors. — Calcutta HC (2025) — LawSathi Research

Noor Alam Molla and Anr. Vs Kolkata Municipal Corporation and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Demolition order dated August 23, 2024 under Section 400(8) set aside; KMC directed to issue a fresh notice under Section 400(1) within two weeks, provide the petitioners an opportunity of hearing, pass an appropriate order thereafter, and complete the process preferably within three months; urgent photostat certified copy to be supplied on usual undertakings.

Issue for consideration

Whether the Kolkata Municipal Corporation could threaten/demolish the petitioners' residential building at premises No. Y2-61/B/2 without prior notice, when the demolition order under Section 400(8) dated August 23, 2024 pertained to different premises and disclosed no urgency dispensing with notice.

Court's answer

The proceedings under Section 400(8) were initiated in respect of premises Nos. Y2-62/2 to Y2-62/5, whereas the petitioners claim ownership of premises No. Y2-61/B/2, i.e., the order did not correspond to the petitioners' premises.

Ratio / Principle

The demolition order dated August 23, 2024 did not disclose any urgency warranting immediate demolition without notice.

Key takeaways

The demolition order dated August 23, 2024 issued under Section 400(8) of the Kolkata Municipal Corporation Act, 1980 is set aside.ratio¶15
The concerned KMC officer must issue a fresh notice under Section 400(1) within two weeks; the petitioners shall be provided an opportunity of hearing, following which the Corporation shall pass an appropriate order.ratio¶16
The entire process (notice, hearing and appropriate order) shall be completed expeditiously, preferably within three months.

Detailed headnote1 paragraphs

Writ petition under WPA jurisdiction against threatened demolition by the Kolkata Municipal Corporation (KMC) of the petitioners' residential premises at Y2-61/B/2, Kanthal Beria Road, Ward No. 140, Borough XV, without prior notice. Held: the demolition order dated August 23, 2024 issued under Section 400(8) of the Kolkata Municipal Corporation Act, 1980 related to premises Nos. Y2-62/2 to Y2-62/5, not the petitioners' premises, and disclosed no urgency warranting immediate demolition without notice; the order was set aside. The concerned officer was directed to issue a fresh notice under Section 400(1) within two weeks, afford the petitioners a hearing, and pass an appropriate order, completing the process preferably within three months. Petition disposed of. (Kausik Chanda, J.)

12.06.2025 Sl. No.01.ADSL Ct. No.15 Suman

WPA 10527 of 2025

Noor Alam Molla and Anr. Versus

The Kolkata Municipal Corporation and Ors.

Mr. Sounak Bhattacharya Mr. Sumitava Chakraborty Mr. Sounak Mondal

..for the petitioners

Mr. Subhrangsu Panda Ms. Ujani Pal (Samanta)

..for KMC

The petitioners contend that their residential building, located at premises No. Y2-61/B/2, is under threat of demolition by officials of the Kolkata Municipal Corporation (KMC) without any prior notice being given to them.

The learned advocate appearing on behalf of the petitioners submits that the petitioners purchased the relevant property in 2018, following which their names were duly mutated in the relevant Corporation records. In September 2024, the Corporation demolished a portion of the property. Subsequently, without any notice to the petitioners, the Corporation officials scheduled further demolition of the property for today.

Conversely, the learned advocate representing the Kolkata Municipal Corporation submits that proceedings were initiated under Section 400(8) of the Kolkata

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Municipal Corporation Act, 1980 on August 23, 2024, after which the Corporation commenced steps to complete the demolition.

It appears that while the petitioners claim ownership of premises No. Y2-61/B/2, Kanthal Beria Road, Ward No. 140, Borough XV, the proceedings under Section 400(8) of the Kolkata Municipal Corporation Act, 1980 were initiated in respect of premises Nos. Y2-62/2 to Y2-62/5, Kanthal Beria Road, Ward No. 140, Borough XV. Furthermore, the demolition order dated August 23, 2024, issued by the Corporation under Section 400(8), does not disclose any urgency warranting immediate demolition without notice.

In view of the foregoing, the demolition order dated August 23, 2024, issued by the Kolkata Municipal Corporation under Section 400(8) of the Kolkata Municipal Corporation Act, 1980, is hereby set aside.

The concerned officer of the Kolkata Municipal Corporation is directed to issue a notice under Section 400(1) of the Kolkata Municipal Corporation Act, 1980 within two weeks from the date hereof.

The petitioners shall be provided an opportunity of hearing by the Kolkata Municipal Corporation. Following the hearing, the Corporation shall pass an appropriate order.

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This entire process shall be completed

expeditiously, preferably within three months from the date hereof.

Accordingly, WPA 10527 of 2025 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.

(Kausik Chanda, J.)