Form No.J(2) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present : The Hon’ble Justice Raja Basu Chowdhury WPA 28970 of 2025 Lakshmi Roy & Ors. Versus The State of West Bengal & Ors. For the petitioners : Mrs. Sulekha Mitra Mr. Manas Kumar Das Mr. Avitra Kumar Thokdar For the State : Mr. Arindam Chattopadhyay Mrs. Ujani Pal (Samanta) For the Purulia : Mr. Sougata Mitra Municipality Ms. Soma Chakraborty Mr. Nikil Kumar Gupta Mr. Subhadeep Maitra For the respondent no.5: Mr. Mrinal Kanti Ghosh Heard on : 19.01.2026. Judgment on : 19.01.2026 Raja Basu Chowdhury, J (Oral): 1. The present writ petition has been filed, inter alia, praying for direction upon the respondent nos. 2 and 3 to issue a stop work notice on the respondent no. 5 who is at present carrying out construction work at holding no. 626, under Ward no.5 situated at B.B.Roy Lane (Cooks-Compound Mahalla), Purulia. 2 WPA 28970 of 2025 2. According to the petitioners, the sanctioned building plan had already been issued by the municipal authorities in favour of the private respondent no. 6. It is submitted that on the strength of the sanctioned building plan, the private respondent is demolishing a common wall which has resulted in the load bearing structure and the ceiling of the petitioners’ building to develop cracks. 3. Pursuant to the order dated 22nd December, 2025, a report has been filed by the municipality. The report records that few hairline cracks at the junction of the roof and the building wall can be seen from the inside of the petitioners’ building and that a hairline crack on the roof measuring 4 inches can be seen on the roof. The report further records that plaster of the inside portion of the building to the extent of 3 square feet area has fallen off. It is also noted in the report that the private respondent has initiated his construction work leaving minimum open space of 5 feet in rear side and 3 feet 7 inches on the side-1 from the existing building wall of the property line of Sri Partha Pratim Roy. A sketch map identifying the above has also been disclosed. 4. Learned advocate for the petitioners has, however, by drawing attention of this Court to the Rule 107 of the West Bengal Building (Rules) 2007 (hereinafter referred to as the “said Rules”) would contend that the minimum space that is required to be maintained statutorily has been specified in the said rules. According to the 3 WPA 28970 of 2025 petitioners, since the plot in question where the construction is taking place is approximately 3.19 cottahs, which is below 4 cottahs, the minimum space at the back to the extent of 4 meters is required to be maintained. As per Rule 107(3) there has to be a clear gap with the adjacent building which is required to be maintained to the extent of 2.5 meters i.e. 8 feet 2 inches. 5. Heard the learned advocates appearing for the respective parties. Though the learned advocate for the private respondent would contend that the construction is coming up in accordance with the sanctioned building plan, prima facie, in this case there appears to be violation of rule 107(3) of the said rules. 6. In the light of the above and noting that a representation made by the petitioners is already pending with the municipality, it shall only be appropriate to direct the municipality to decide on the said representation in the light of the observation made hereinabove. 7. Till such time the decision is taken, no construction shall take place. The municipality shall decide on the matter as expeditiously as possible, preferably within a period of two weeks from the date of communication of this order upon giving an opportunity of hearing to the parties and by passing a reasoned order. The period indicated hereinabove, is peremptory. 4 WPA 28970 of 2025 8. With the above observations and directions, the writ petition is disposed of. 9. Let it be recorded that though the learned advocates for the State had appeared on 22nd December, 2025, their names inadvertently were not recorded in the order dated 22nd December, 2025. 10. Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of requisite formalities. (Raja Basu Chowdhury, J.) SB A.R. (Court)