OD-8 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/739/2025 HARI NARAYAN SHUKLA VS THE KOLKATA MUNICIPAL CORPORATION AND ORS. BEFORE: The Hon'ble JUSTICE RAJA BASU CHOWDHURY Date : 23rd July, 2026. Appearance: Mr. Priyankar Basu Mallick, Adv. ...for the petitioner Ms. Sima Chakraborty, Adv. Mr. Fazlul Haque, Adv. .…for the Kolkata Municipal Corporation 1. The instant writ petition has been filed complaining that the private respondent has illegally constructed a podium over the common passage and the sewerage line covering the manhole. The petitioner claims to be a tenant in respect of the ground floor of premises no.11, Rup Chand Roy Street, Kolkata – 700007, Ward – 42, P.S. Burrabazar under the private respondent no.6 (hereinafter referred to as “the said premises”). 2. The private respondent, however, disputes the locus of the petitioner. On the issue of covering the manhole the municipality was directed to cause inspection and file a report. The municipality has filed three separate reports. 2 3. In the first report which was duly countersigned by the Executive Engineer (C), Building, Borough – V on 22nd September, 2025, it was noted that after receiving the complain the department had inspected the site and found that the person responsible had constructed a brick wall with tin shed at its top at north-south side at ground floor of the said premises without any permission or building sanctioned plan from the department. Accordingly a stop work notice was issued. 4. The second inspection report which was prepared in terms of the order dated 20th November 2025, and upon an inspection on 5th December 2025, records that a platform was constructed by new brickwork alongwith a tin shed over it. The report further records that it is assumed that a sewerage line is passing under the said chatal/platform. 5. When the matter came up for consideration on 15th January, 2026, this Court, noting the reports filed by the municipality, directed the municipal authorities to immediately take steps in the matter and identify whether any sewerage connection is actually passing under the platform. 6. Pursuant to the aforesaid direction, ultimately, the municipality filed a fresh report dated 24th February, 2026 wherein it is recorded that after examining on inspection at the site, it has been identified by the department that end pit exists below the podium at an approximate horizontal distance of 23 ft. from the last visible pit at the entry passage (which is covering more or less 1 and ½ ft. to 2 ft. length sewer). Photographs have also been disclosed. The said portion of 1 3 and ½ ft. × 2 ft. to be removed for smooth and easy access of the internal drainage system. A sketch showing the portion which infringes the common passage and requires to be removed, has also been identified and annexed to the report. 7. To morefully appreciate the same, the report along with the sketch plan is extracted hereinbelow:- 4 8. Though the private parties are not represented, noting the submissions made by the municipal authorities, I am of the view that the municipality may proceed as per the observations made in the report dated 24th February, 2026 and remove the extent of area identified in the sketch plan to make the same encroachment free which is meant as common space to the inmates of the said building. 9. While carrying out the demolition, the municipal authority should be conscious that the demolition would be carried out adjacent to a place of worship and appropriate care and protection shall be taken by the 5 municipal authorities. It is made clear that no temporary structure, tin shed shall be removed by the municipality. 10. With the above observation, the writ petition stands disposed of. (RAJA BASU CHOWDHURY, J.) R.Bose/S.Seal