Disposed¶12

Md. Zaid v. the State of West Bengal and Ors.

Calcutta HC27 Mar 2025WPA(P)/457/2024

Case brief

AI extract

What is this about?

Unauthorised construction; demolition orders; Kolkata Municipal Corporation; public interest writ; status report dated order of 20.02.2025; conclusion of hearing within four weeks; notice to all concerned; police assistance requisition to Deputy Commissioner of Police (South Division), Kolkata Police; deployment of adequate police force; writ petition disposed of; no costs; order dated 27.03.2025.

What did the court decide?

Writ petition disposed of with directions to the Kolkata Municipal Corporation to proceed with existing demolition orders, conclude pending hearings preferably within four weeks and pass orders in accordance with law after notice, and to the Kolkata Police to provide adequate police assistance on requisition; no costs awarded. ¶12

Md. Zaid Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Kolkata Municipal Corporation authorities should act consistently to abate unauthorised constructions, including concluding pending hearings and executing the demolition orders already passed.

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Court's answer

Since the Municipal Corporation authorities have found the construction to be illegal, they must be consistent in their action and take the entire matter to its logical end so that the illegality is completely abated.

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Ratio / Principle

The Municipal Corporation authorities were directed to proceed further with the demolition orders already passed; where hearings are ongoing, they must be concluded expeditiously, preferably within four weeks from receipt of server copy of the order, and thereafter an order shall be passed in accordance with law after notice to all concerned.

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Key takeaways

Wherever police assistance is required to carry out the demolition process, requisition is to be made to the Deputy Commissioner of Police (South Division), Kolkata Police, and on such requisition the Deputy Commissioner of Police of the concerned area shall deploy adequate police force to implement the orders passed by the Kolkata Municipal Corporation.ratio¶11

Detailed headnote1 paragraphs

Public interest writ petition (W.P.A.(P) 457 of 2024, decided 27.03.2025) by Md. Zaid against The State of West Bengal and others regarding unauthorised constructions put up in various places. Pursuant to the Court's earlier order dated February 20, 2025, the Kolkata Municipal Corporation filed a report showing action taken on several premises, demolition work awaited with police assistance for some premises, and hearings ongoing in one or two premises. Observing that the Corporation, having found the constructions illegal, must act consistently and take the matter to its logical end so that the illegality is completely abated, the bench of T.S Sivagnanam, Chief Justice and Chaitali Chatterjee (Das), J. directed the Municipal Corporation authorities to proceed further with the demolition orders already passed, to conclude pending hearings expeditiously (preferably within four weeks from receipt of server copy of the order) and thereafter pass orders in accordance with law after notice to all concerned. Wherever police assistance is required for demolition, requisition is to be made to the Deputy Commissioner of Police (South Division), Kolkata Police, who shall deploy adequate police force to implement the Corporation's orders. The writ petition was disposed of with the aforesaid directions; no costs.

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27.03.2025 Item No.25 PG/KS Ct. No.1

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W.P.A.(P) 457 of 2024

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Md. Zaid Versus The State of West Bengal & Ors.

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Mr. Syed Nazmul Hossain Mr. Syed Raihamul Hossain Ms. Syeda Musharraf Sahin…………for the petitioner

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Mr. Suman Ghosh Mr. Arka Mondal…………………….for the State

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Mr. Vimal Kumar Shahi Mr. Gopal Chandra Das……..for the Kolkata Municipal Corporation

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This public interest writ petition has been filed pointing out that unauthorised constructions have been put up in various places. By order dated February 20, 2025, Kolkata Municipal Corporation was directed to file a report. Today, copy of the report has been handed over from which, it is seen that in respect of several premises, action has been taken. Against some of those premises, the Municipal Corporation has stated that demolition work will be done soon after taking police assistance from the local police station and in one or two premises, the hearing is going on.

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In any event, the Municipal Corporation authorities having found the construction to be illegal, they have to be consistent in their action and take the entire matter to the logical end so that the illegality is completely abated.

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In the light of the stand taken by the Kolkata Municipal Corporation, we direct the Municipal Corporation authorities to proceed further with the demolition orders, which have already been passed and if the hearing is going on in respect of certain premises, the hearing should be concluded expeditiously but preferably within a period of four weeks from the date of receipt of server copy of this order and thereafter order shall be passed in accordance with law after notice to all concerned.

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Wherever police assistance is required to carry out the demolition process, requisition should be made to the Deputy Commissioner of Police (South Division), Kolkata Police and if such requisition is made by the Kolkata Municipal Corporation, the Deputy Commissioner of Police of the concerned area shall deploy adequate police force so as to implement the orders passed by the Kolkata Municipal Corporation.

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With the aforesaid directions, the writ petition is disposed of.

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No costs.

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Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

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(T.S SIVAGNANAM) CHIEF JUSTICE

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(CHAITALI CHATTERJEE (DAS), J.)

Md. Zaid v. the State of West Bengal and Ors.

Case brief

What is this about?

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Md. Zaid v. the State of West Bengal and Ors.

Case brief

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