Sk.Safar Ali Vs Kolkata Municipal Corporation and Ors. — Calcutta HC (2026) — LawSathi Research

Sk.Safar Ali Vs Kolkata Municipal Corporation and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Kolkata Municipal Corporation to deal with the petitioner's complaint while taking a decision in relation to consideration of the complaint in WPO No.163 of 2026, in terms of the direction dated 27th April, 2026.

Issue for consideration

Whether the Kolkata Municipal Corporation should be directed to deal with the petitioner's complaint of illegal construction at the self-same premises in the same manner as directed in the connected matter WPO No.163 of 2026.

Court's answer

Since this Court had already directed the municipality to make an enquiry into the illegal construction at the self-same premises and take appropriate steps in terms of the order dated 27th April, 2026 in WPO No.163 of 2026, the present writ petition is disposed of by directing the municipality to deal with the petitioner's complaint while taking a decision in relation to consideration of the complaint in WPO No.163 of 2026 in terms of that direction.

Detailed headnote1 paragraphs

Writ petition (WPO No.191 of 2026, High Court at Calcutta, Constitutional Writ Jurisdiction, Original Side) by Sk Safar Ali against the Kolkata Municipal Corporation and others concerning alleged illegal construction at Premises No.Y2/131, Sathghora Road, District South 24 Parganas, P.S. Nadial, Ward 140, Borough XV, Garden Reach Unit of the KMC. Counsel for the petitioner drew attention to the order dated 27th April, 2026 in the connected matter WPO No.163 of 2026 — in which the petitioner had been one of the private respondents — whereby the Court had already directed the municipality to enquire into the complaint of illegal construction at the self-same premises and take appropriate steps. Noting that such directions had already been issued in respect of the self-same premises, the Court disposed of the present writ petition by directing the municipality to deal with the petitioner's complaint while taking a decision in relation to consideration of the complaint in WPO No.163 of 2026 in terms of the direction dated 27th April, 2026. (Raja Basu Chowdhury, J.)

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IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTI0N ORIGINAL SIDE

WPO/191/2026

SK SAFAR ALI VERSUS

KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE :

THE HON’BLE JUSTICE RAJA BASU CHOWDHURY Date : 5^th May, 2026

Appearance : Mr. Ayan Banerjee, Adv. Mr. Ajeyo Chowdhury, Adv. Mr. Dhiman Banerjee, Adv. ….for the petitioner Mr. Biswajit Mukherjee, Adv. Mr. D. Chakraborty, Adv. …for the KMC Mr. Indrajit Bhattacharjee, Adv. ….for the private respondent

At the very outset, Mr. Banerjee, the learned Advocate representing the petitioner has drawn the attention of this Court to the order dated 27^th April, 2026 and would submit that in a connected matter, this court has already directed the municipality to make an enquiry as regards the complaint of illegal construction in respect of the self-same premises. He submits that the petitioner herein was one of the private respondents in such writ petition which was registered as WPO No.163 of 2026, which has since been disposed of by the order dated 27^th April, 2026. Accordingly, he submits that similar directions may be issued in respect of the present matter as well.

Having heard the learned Advocates appearing for the respective parties and noting that in respect of the self-same premises being premises no.Y2/131, Sathghora Road, District – South 24 Parganas under Police Station

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– Nadial, Ward – 140, Borough – XV of the Kolkata Municipal Corporation, Garden Reach Unit, this Court has already directed the municipality to make an enquiry as regards the illegal construction and take appropriate steps as it may deem fit in the manner as directed therein, I am of the view that the present writ petition can be disposed of by directing the municipality to deal with the petitioner's complaint while taking a decision in relation to consideration of the complaint in WPO No.163 of 2026 in terms of direction dated 27^th April, 2026.

Accordingly, the writ petition stands disposed of.

(RAJA BASU CHOWDHURY, J.)

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