od-5 ORDER SHEET IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE APOT/286/2025 WITH WPO/708/2021 IA NO: GA/1/2026, GA/2/2026 THE KOLKATA MUNICIPAL CORPORATION AND ORS. VS PRADIP 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, Pradip Khatick in respect of premises No. 32, Pulin Khatick 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 structure by the Kolkata Municipal Corporation (KMC), in the event such construction on the premises would fall within the street alignment plan. Although the street alignment plan is in existence, KMC has not come up with any concrete proposal which indicates that, the area over which the respondent wants to construct is required for the purpose of widening the street at present. This situation may arise in future. Thus, we allow the respondent to apply for sanction of the building plan before the KMC authorities. KMC authorities will sanction the same in 2 accordance with law. The sanction that will be granted will also be accompanied by an order to the effect. 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. Both the appeal and the applications are disposed of and the order impugned is set aside. (SHAMPA SARKAR, J.) (ARJUN RAY MUKHERJEE, J.) pkd.