MOHAMMED MAQBOOL AHMED v. THE KOLKATA MUNICIPAL CORPORATION AND OTHERS
WPO/758/2025 · 2026-01-08
Raja Basu Chowdhury
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1244 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1244 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
OD-19
WPO/758/2025 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE
Mohammad. Maqbool Ahmed Versus The Kolkata Municipal Corporation & Ors.
Before:
The Hon’ble Justice RAJA BASU CHOWDHURY Date: 8th January 2026
Appearance: Mr. Aurin Chakraborty, Advocate Mr. Arindam Poati, Advocate for the petitioner Mr. Alak Kr. Ghosh, Advocate Mr. Swapan Kr. Debnath, Advocate for the KMC Mr. Tanoy Chakraborty, Advocate Mr. Chhandak Dutta, Advocate for respondent nos.9 & 10 Ms. Sangeeta Roy, Advocate for the respondent
The Court: 1. Complaining illegal construction and the failure on the part of the municipal authorities to take steps despite representations made by the petitioner lastly on 28th July 2025, the instant writ petition has been filed.
2. Mr. Ghosh, learned advocate representing the Kolkata Municipal Corporation has placed before this Court a report dated 30th October 2025 prepared by the Executive Engineer (Civil), Building Department to contend that an inspection was carried out at premises no.B/16/1/H/3, Sir Syed Ahmed Road, Ward – 54, Borough – VI, Kolkata when it was
2 detected that the person responsible erected some R.C.C. columns at the fourth storey of the building standing on the aforesaid premises, and also encroached upon mandatory open spaces from the first floor level to roof level of the said three-storied building. Following such inspection the Kolkata Municipal Corporation on 20th August 2025, has also issued a stop work notice under section 401 of the Kolkata Municipal Corporation Act, 1980. The municipal authorities are also in the process of taking further steps.
3. Having regard to the inspection report filed in Court today and having heard the learned advocates representing the respective parties and considering the materials on record, I am of the view that no fruitful purpose would be served by keeping the writ petition pending.
4. Accordingly, the writ petition stands disposed of by directing the municipal authorities to take appropriate action in accordance with law upon notice to the person responsible concerning the illegal construction detected by the municipal authorities noted in the report dated 30th October 2025. The proceeding must be initiated within a period of two weeks from the date of communication of this order and the same must be brought to a logical conclusion and concluded within a further period of eight weeks therefrom.
(RAJA BASU CHOWDHURY, J.)
R. Bose