KOUSHIK DAW AND ORS. v. KOLKATA MUNICIPAL CORPORATION AND ORS.
WPO/627/2025 · 2026-03-05
Raja Basu Chowdhury
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1699 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1699 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
OD-04
WPO/627/2025 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE
Koushik Daw & Ors. Versus The Kolkata Municipal Corporation & Ors.
Before:
The Hon’ble Justice RAJA BASU CHOWDHURY Date: 5th March 2026
Appearance: Mr. Sakya Sen, Sr. Advocate Mr. Sormi Dutta, Advocate for the petitioner Mr. Alak Kr. Ghosh, Advocate Mrs. Sima Chakraborty, Advocate for the KMC
The Court: 1. The present writ petition has been filed for a direction upon the municipality to, in effect, demolish the illegal construction at the behest of the respondent no.6.
2. Pursuant to the order dated 18th December 2025 a report has been filed by the municipality. Let the same be taken on record.
3. From the aforesaid report, it would transpire that the Special Officer (Building), Kolkata Municipal Corporation has already passed an
order dated 2nd January 2026 in Demolition Case No. 20-D/IV/24-25 pertaining to the premises no.24A, Vivekananda Road, Ward – 25, Borough – IV, Kolkata. It would further transpire from the report that the aforesaid order has been sent to the Environment & Heritage Department for its view in this respect. The aforesaid order has also been sent by
2 speed post to the person responsible only on 25th February 2026. The statutory period of preferring the appeal is 30 days from the date of receiving the order. Accordingly, at this stage, the municipality may not be in a position to implement the same. However, once the statutory period for preferring the appeal is over and if there is no impediment in implementing the above order, the municipality shall implement the same in accordance with law.
4. It is made clear that this Court has not gone in to the merits of the order passed by the Special Officer (Building), K.M.C. on 2nd January 2026.
5. With the above observation, the writ petition stands disposed of.
(RAJA BASU CHOWDHURY, J.)
R. Bose