Ankit Sureka Vs the Land Manager, Bidhannagar, Department of Urban Development and Municipal Affairs and Ors. — Calcutta HC (2026) — LawSathi Research

Ankit Sureka Vs the Land Manager, Bidhannagar, Department of Urban Development and Municipal Affairs and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued: Land Manager, Bidhannagar to raise demand per the notification dated April 28, 2015 within 3 weeks of receipt of server copy of the order; petitioner in WPA 10877 of 2026 to deposit the demanded amount within a week of receipt of the Demand Notice; No Objection Certificate to be issued within a week of receipt of the amount; restraint on coercive steps by the Urban Development Department authorities till the NOC is issued; typographical errors in the order dated May 20, 2026 rectified; no order as to costs.

Issue for consideration

Whether a No Objection Certificate should be issued to the mutated lessee/petitioners for one year upon payment of necessary fees in full against a fresh Demand Notice raised per the existing norms in Department Notification No.741-UD/SL(AL)/4S12/2010(Pt.I) dated April 28, 2015. +1 more

Court's answer

The Land Manager, Bidhannagar is directed to raise a demand in terms of the notification dated April 28, 2015, as stated in the written instruction dated May 21, 2026, within 3 weeks from receipt of a server copy of this order.

Ratio / Principle

The petitioner in WPA 10877 of 2026 is directed to deposit the amount that may be demanded by the authority within a week from the date of receipt of the Demand Notice.

Key takeaways

Upon receipt of the deposited amount, the Land Manager, Bidhannagar shall issue the No Objection Certificate within a week thereafter.ratio¶25
The respondent authorities of the Urban Development Department stand restrained from taking coercive steps for carrying on commercial activities at portions of the ground floor of the premises until the No Objection Certificate is issued.ratio¶26
The typographical errors in the order dated May 20, 2026 are rectified and this order shall form part of the order dated May 20, 2026.

Detailed headnote1 paragraphs

Writ petitions WPA 10877 of 2026 (Sri Ankit Sureka v. The Land Manager, Bidhannagar, Department of Urban Development and Municipal Affairs & Ors.) and WPA 11231 of 2026 (Banchharam Food Products Pvt. Ltd. & Anr. v. The State of West Bengal & Ors.), heard together, were disposed of by a single order. Minor typographical errors in the order dated May 20, 2026 were rectified and the present order was declared to form part of it. Acting on a written instruction signed by the Land Manager, Bidhannagar dated May 21, 2026 (filed by Mr. Dhiraj Kumar Trivedi, learned senior advocate for the State, and taken on record) recording that a No Objection Certificate (NOC) may be issued as per the prayer of the mutated lessee for one year upon payment of necessary fees in full against a fresh Demand Notice per the existing norms in Department Notification No.741-UD/SL(AL)/4S12/2010(Pt.I) dated April 28, 2015, the Court directed: (i) the Land Manager, Bidhannagar to raise the demand within 3 weeks of receipt of a server copy of the order; (ii) the petitioner in WPA 10877 of 2026 to deposit the demanded amount within a week of receipt of the Demand Notice; (iii) the Land Manager to issue the NOC within a week of receipt of the amount; and (iv) restraint on the respondent authorities of the Urban Development Department from taking coercive steps for commercial activities at portions of the ground floor of the premises until the NOC is issued. It was noted that the mutated lessee had in the meantime submitted an application. Both writ petitions disposed of; no order as to costs. Coram: Hiranmay Bhattacharyya, J.

D/L- 12 & 13 22/05/2026 Ct. No.-19 Aritra

WPA 10877 of 2026

Sri Ankit Sureka Vs. The Land Manager, Bidhannagar, Department of Urban Development and Municipal Affairs & Ors.

With

WPA 11231 of 2026

Banchharam Food Products Pvt. Ltd. & Anr. Vs.

The State of West Bengal & Ors.

Mr. Arindam Banerjee, Sr. Adv., Mr. Asis Dutta

….for the petitioner in WPA 10877 of 2026

Mr. Aurin Chakraborty Mr. Sumit Biswas Ms. Rajarshree Bhowmik Mr. Purnankar Biswas

…. for the petitioner in WPA 11231 of 2026

Mr. Dhiraj Kumar Trivedi, Sr. Adv., Mr. Bikash Kumar Singh Ms. Swapna Jha Ms. Katha Sarkar

….for the State

It has been pointed out by Mr. Banerjee, learned senior advocate appearing for the petitioner in WPA 10877 of 2026 that there are certain minor typographical errors in the order dated May 20, 2026. In the second paragraph

at page 2 of the order dated May 20, 2026, it was inadvertently recorded that “the petitioner in WPA 10877 of 2026 inducted the petitioners in WPA 11231 of 2026” instead of “the petitioner in WPA 10877 of 2026 inducted the petitioner no.1 in WPA 11231 of 2026”. He also

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pointed out that in the last paragraph at page 3 of the said order in the third line the word “he” shall be replaced by the word “the petitioners in WPA 11231 of 2026”.

Let such errors be rectified. This order shall form part of the order dated May 20, 2026.

Reference may be made to the order dated May 20, 2026 wherein Mr. Trivedi, learned senior advocate was requested to take instruction on the issues indicated in the said order.

Mr. Trivedi, learned senior advocate files a written instruction signed by the Land Manager, Bidhannagar, dated May 21, 2026 is taken on record. In the written instruction it has been specifically stated that NOC may be issued as per the prayer of the mutated lessee for one year upon payment of necessary fees in full against the fresh Demand Notice as per existing norms laid down in the Department Notification No.741-UD/SL(AL)/4S12/2010(Pt.I) dated April 28, 2015. Mr. Trivedi submits that the mutated lessee has in the meantime submitted an application. The fresh demand shall be issued within a reasonable time.

The Land Manager, Bidhannagar is directed to raise a demand in terms of the notification dated April 28, 2015 as stated in the written instruction dated May 21, 2026 within a period of 3 weeks from the date of receipt of a server copy of this order.

Accordingly, the petitioner in WPA 10877 of 2026 is directed to deposit the amount that may be demanded by

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the said authority within a week from the date of receipt of the Demand Notice.

Upon receipt of the said amount, the Land Manager, Bidhannagar shall issue No Objection Certificate within a week thereafter.

The respondent authorities of the Urban Development Department are restrained from taking any coercive steps for carrying on the commercial activities at the portions of the ground-floor of the premises in question till the No-Objection Certificate is issued.

With the above observations and directions both the

writ petitions are disposed of.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Hiranmay Bhattacharyya, J.)