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2026 DAILYLAW 22132 (CAL)

JYOTI SHAW AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/10167/2026 · 2026-06-09

Raja Basu Chowdhury

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

ML 55 09.06.2026 sayandeep Ct.3. WPA 10167 of 2026 Jyoti Shaw & anr. Versus The State of West Bengal & Ors. Mr. Dipankar Aditya Ms. Aishwarya Priya Raha ….. for the petitioners Mr. Rajib Mukherjee Ms. Shreyasi Bhaduri … for the municipality Mr. Indranuj Dutta ….. for the respondent Nos. 4-6 1. Pursuant to the order dated 7th May, 2026, the municipality has carried out an inspection. From the inspection, the following is observed as follows: “Heard the matter in detailed. And during inspection it was found a commenced construction (2 nos column footing casted) over municipal road flank bearing RS dag No. 283, LR Dag No. 1483 LR Kh No. 696 of Mouza-Sundia, JL 14. OPS denied that they had carried out any unauthorized construction over the municipal road flank. Detailed observation: 1) The said commenced construction (2 nos column footing casted) adjacent to petitioner property totally illegal and unauthorized made over municipal Road Flank. 2) No sanctioned plan approved by the Municipal Authority over Municipal Road flank. 3) The said commenced construction (2 nos column footing casted) which may cause travel the egress and ingress of the petitioners’ to their property. 4) Apart this during inspection it has also found that Jyoti Shaw & ors. are 2 WPA 10167 of 2026 constructing her building deviated from sanctioned building plan vide no. SWS- OBEPAS/2108/2025/1188 dated 10- 102025 in respect of H/No-74/1/6, Mulazore road, Ward No-15. Submitted for information.” 2. Having regard to the above and since now it appears that municipal road itself has been sought to be encroached by constructing 2 number of pillars, the municipality must forthwith takes steps and remove such illegal construction. Let a copy of the report as placed before this Court be taken on record. Since the private respondent does not take responsibility for the same, the aforesaid illegal construction on the municipal road should be removed on an expeditious basis preferably within a period of 10 working days from the date of communication of this order. 3. The concerned officer-in-charge of the jurisdictional police station shall render all assistance to the municipality, if sought for. 4. With the above observations and directions, the writ petition is disposed of. (Raja Basu Chowdhury, J.)