Mahuya Dutta v. the State of West Bengal and Ors.
Case brief
What is this about?
Dilapidated and unsafe building; demolition versus repair dispute; co-sharer appellant; municipality as appropriate and expert authority for structural stability and safety; refusal to appoint special officer; inspection by team of competent engineers, licensed building surveyor and sub-assistant engineer; report with photographs; reasoned order; eight-week timeline; condonation of 27 days' delay; appeal regularized; Maheshtala Municipality Ward No.13; Shibrampur Road, Kolkata 700143; R.S. Dag Nos.338 and 339; L.R. Dag Nos.431 and 425; Mouza Gopalpur; South 24 Parganas; MAT appeal disposed; impugned WPA order modified; none appeared for municipality despite service.
What did the court decide?
Appeal and CAN 2 of 2026 disposed of; impugned order modified; directions issued: parties to appear before the municipality on the fixed date; inspection by a municipality team comprising competent engineers, licensed building surveyor and sub-assistant engineer independently chosen by the municipality, along with the parties; report prepared and handed over to the parties with photographs annexed; parties at liberty to make submissions and adduce oral and documentary evidence; reasoned order thereafter deciding the best course to make the building habitable or, if repairs will not make it safe, necessary order in accordance with law; entire exercise completed within eight weeks from the date of first hearing; urgent certified copy to be given on compliance of formalities.