Disposed

Avik Banerjee v. Sumit Gupta Municipal Commissioner Kmc

Calcutta HC6 May 2026CPAN/184/2026

Case brief

AI extract

What is this about?

Contempt application concerning compliance with a prior order regarding an unauthorized galvanized tin structure. KMC reported the shed was regularized under its rules. The court found substantial compliance, permitted the regularization despite an earlier interim order, and left the appellant free to challenge it separately.

What did the court decide?

Regularization of the galvanized tin shed permitted; appellant granted liberty to challenge it in separate proceedings.

Avik Banerjee Vs Sumit Gupta Municipal… — Municipal and Town Planning | Calcutta HC (2026)

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06.05.2026. Item No. 26. Court No. 13 ap

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CPAN 184 of 2026 In

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M.A.T. No. 138 of 2025

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Avik Banerjee Versus

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Shri Sumit Gupta, The Municipal Commissioner, Kolkata Municipal Corporation

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Mr. Probal Kumar Mukherjee, ld. Sr. Advocate, Mr. Sounak Bhattacharya, Mr. Sounak Mandal, Mr. Abhirup Halder, Mr. Anirban Saha Ray.

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…For the appellant.

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Mr. Srijan Nayak, Mrs. Rituparna Maitra.

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…For the alleged contemnor.

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A report dated 4^th May, 2026 signed by the Executive Engineer (Building), Borough-XII has been filed today. The same is kept with the record.

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It appears from the said report that ground plus one structure was found by the Kolkata Municipal Corporation to have had a building plan of the year 1981 sanctioned by Jadavpur Municipality, which is now merged with the Kolkata Municipal Corporation.

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In so far as the Galvanized Tin Structure is concerned, it appears that the same was initially illegal and without the sanction plan and was subsequently regularized by Kolkata Municipal Corporation in terms of their rules.

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This Court, therefore, sees barring certain technicalities, the order dated 3^rd November, 2025 has

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been complied with. What, however, remains is an order of a Co-ordinate Bench of this Court dated 6^th March, 2025 in the instant appeal had stipulated that any action of the Kolkata Municipal Corporation in respect of Galvanized Shed would not be given effect to without the leave of this Court.

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Since the Kolkata Municipal Corporation claims that the regularization of the Galvanized Shed has been done in terms of the applicable Rules, this Court permits the same.

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The aforesaid, however, shall not stand in the way of the appellant challenging the actions of the Kolkata Municipal Corporation in regularizing the Galvanized Tin Shed in accordance with law in an independent separate proceeding.

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With the aforesaid liberties, CPAN 184 of 2026 shall stand disposed of.

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Rules, if any, shall stand discharged.

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There will be no order as to costs.

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All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

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( Rajasekhar Mantha, J. )

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( Rai Chattopadhyay, J. )

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Avik Banerjee v. Sumit Gupta Municipal Commissioner Kmc

Case brief

What is this about?

What did the court decide?

Avik Banerjee v. Sumit Gupta Municipal Commissioner Kmc

Case brief

What is this about?

What did the court decide?

What the court decided

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