Snigdha Bardhan Vs the Kolkata Municipal Corporation and Ors. — Calcutta HC (2025) — LawSathi Research

Snigdha Bardhan Vs the Kolkata Municipal Corporation and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions upon the Kolkata Municipal Corporation to complete the Section 400 proceedings as expeditiously as possible in accordance with law, and to ensure no further unauthorised construction at the premises during the pendency of such proceedings.

Issue for consideration

Whether unauthorised construction by respondent nos. 12 to 31 at premises no. 26C, Debendra Mullick Street, Ward No. 44, Kolkata, in violation of the sanctioned building plan, warranted enforcement action and judicial direction to the Kolkata Municipal Corporation. +1 more

Court's answer

The Corporation shall take appropriate steps to ensure that no further unauthorised construction is carried out at the premises in question during the pendency of the Section 400 proceedings.

Ratio / Principle

There being no justification for keeping the writ petition pending in view of the Corporation's report, the writ petition is disposed of.

Key takeaways

The Kolkata Municipal Corporation is directed to complete the proceedings initiated under Section 400 of the Kolkata Municipal Corporation Act, 1980 as expeditiously as possible, in accordance with law.ratio¶10

Detailed headnote1 paragraphs

Unauthorised construction — Alleged construction by respondent nos. 12 to 31 at premises no. 26C, Debendra Mullick Street, Ward No. 44, Kolkata — Petitioner, co-sharer of adjacent premises 26B, holds sanctioned building plan under Rules 3(2)(e), 3(2)(a) and 3(2)(l) of the Kolkata Municipal Corporation Building Rules, 2009 and Section 410 of the Kolkata Municipal Corporation Act, 1980 (Sanction No. 60/Bldg./Br-V/2023-24 dated 27.03.2024, pursuant to Circular No. 09 dated 30.12.2013) — On inspection, Corporation found existing structural walls demolished in violation of the sanctioned plan — Stop-work notice issued under Section 401 of the KMC Act, 1980; proceedings initiated under Section 400 and under process — Held: no justification for keeping the writ petition pending; petition disposed of directing KMC to complete the Section 400 proceedings as expeditiously as possible, in accordance with law, and to take appropriate steps to ensure no further unauthorised construction at the premises during pendency.

10 12-06-2025 WPA 7933 of 2025 AKG Ct. 15 Smt. Snigdha Bardhan Vs. The Kolkata Municipal Corporation & Ors.

Mr. Biswajib Ghosh, Mr. Ujjal Kanti Jana, Mr. Sumitava Chakraborty, Mr. Basudeb Patra …for the Petitioner Mr. Biswajit Mukherjee, Ms. Poushali Banerjee …for KMC Mr. Anirban Roy, Mr. Debjit Basu …for Respondent Nos. 12 to 31 Mr. Abhishek Banerjee …for the State

The petitioner alleges that respondent nos. 12 to 31 have undertaken unauthorised constructions at premises no. 26C, Debendra Mullick Street, Police Station – Bowbazar, Kolkata – 700073, falling within Ward No. 44 under the jurisdiction of the Kolkata Municipal Corporation.

The petitioner claims to be a co-sharer of the adjacent premises at No. 26B, Debendra Mullick Street, Police Station – Bowbazar, Kolkata – 700073, also within Ward No. 44 of the Kolkata Municipal Corporation.

The learned advocate appearing on behalf of the Kolkata Municipal Corporation submits that the petitioner has obtained a sanctioned building plan under Rule 3(2)(e),

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Rule 3(2)(a), and Rule 3(2)(l) of the Kolkata Municipal Corporation Building Rules, 2009, as well as under Section 410 of the Kolkata Municipal Corporation Act, 1980, vide Sanction No. 60/Bldg./Br-V/2023-24 dated 27.03.2024, issued pursuant to Circular No. 09 dated 30.12.2013.

Upon inspection, the Corporation observed that certain individuals had already demolished existing structural walls in violation of the sanctioned building plan.

Consequently, a stop-work notice has been issued under Section 401 of the Kolkata Municipal Corporation Act, 1980. The Corporation has further initiated proceedings under Section 400 of the said Act, and the matter is currently under process.

In view of the above, there is no justification for keeping the writ petition pending. Accordingly, this writ petition is disposed of with a direction upon the Kolkata Municipal Corporation to complete the proceedings initiated under Section 400 of the Kolkata Municipal Corporation Act, 1980 as expeditiously as possible, in accordance with law.

It is further directed that the Corporation shall take appropriate steps to ensure that no further unauthorised construction is carried out at the premises in question during the pendency of such proceedings.

Accordingly, WPA 7933 of 2025 is disposed of.

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Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)