od-4 ORDER SHEET IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE APOT/285/2025 WITH WPO/400/2021 IA NO: GA/1/2026, GA/2/2026 THE KOLKATA MUNICIPAL CORPORATION AND ORS. VS SATRUGHAN KHATICK BEFORE: The HON'BLE JUSTICE SHAMPA SARKAR The HON'BLE JUSTICE ARJUN RAY MUKHERJEE Date: 3rd September, 2026. Appearance: Mr. Supratick Shyamal, Adv. Ms. Sonali Sengupta, Adv. Ms. Manisha Nath, Adv. Ms. Nisha Das, Adv. Ms. Paromita Barik, Adv. …for respondent/writ petitioner. Mr. Alak Kr. Ghosh, Adv. Mr. Swapan Kr. Debnath, Adv. Mr. Gopal Ch. Das, Adv. …for KMC. The Court: The Undertaking-cum-Declaration filed by the respondent/writ petitioner, Satrughan Khatick in respect of premises No. 74A, Christopher Road, Post Office- Gobinda Khatick Road, Police Station- Tangra, Kolkata- 700015, is taken on record. We specifically record that the writ petitioner has undertaken to allow demolition of any portion of the proposed structure of the appellants at the instance of the Kolkata Municipal Corporation(KMC), in the event the street alignment plan is to be implemented by the KMC. Although the street alignment plan is in existence, KMC has not come up with any concrete proposal which will indicate that, the area over which the respondent wants to construct is required immediately for the purpose of widening of the street. Such situation may arise in future. Thus, we allow the respondent to apply for sanction of the building plan before the KMC authorities. The KMC 2 authorities will sanction the same in accordance with law. While sanctioning the plan, KMC will pass an order to that effect, in terms of this undertaking. We are satisfied with the undertaking. Thus, it is directed that if in future any part of the construction is required to be demolished for widening the street or for any other public purpose in terms of the street alignment, KMC will be entitled to demolish such portion, upon an inspection being made in presence of the parties. No further demolition proceeding will be required to be initiated. A copy of the Undertaking shall be incorporated along with the application to be filed for sanction. The appeal and the applications are disposed of and the order impugned is set aside. (SHAMPA SARKAR, J.) (ARJUN RAY MUKHERJEE, J.) pkd.