20.07.2026 Ct. 3 Item No. AD 4 Saswata WPA 12425 of 2026 Abu Siddik Mondal Versus The State of West Bengal & Ors. Mr. Saptarshi Bhattacharjee Mr. Debdipto Banerjee …For the petitioner Mr. Alok Kumar Ghosh Mr. Atis Kumar Biswas …For the KMC Mr. Sovan Mukherjee Ms. Sneha Chatterjee …For the State 1. Today, the learned advocate appearing for the municipality has filed a report duly countersigned by the Executive Engineer (C)/Bldg./Br.-V dated 15th June 2026. The same is retained with the record. The report filed by the Officer in charge of the Narkeldanga Police Station is also taken on record. 2. From the aforesaid report, it would transpire that the building department upon receiving the complaint, had inspected the site and found the person responsible had installed a wooden shuttering and steel reinforcement bars for the construction of an RCC slab, columns, and beams over the roof of the existing five storied building without a sanction building plan. To stop the unauthorized construction, the department served a stop work notice and intimation in respect thereof was forwarded to the Narkeldanga police station. 3. Report reveals that an FIR was lodged on 16th February 2022. As per the report, in a proceedings under Section 400 (1) of the KMC Act, 1980 a demolition order was issued against the unauthorized construction at premises no. 297/1/H/8, A.P.C. road, ward no. 36, Borough-V on 18th July 2022. The demolition programme was subsequently executed on 7th September 2022, 2nd September 2023, 8th August 2024, 7th 2 March 2025 and 5th May 2025. As would appear from the above, the municipal authorities have been generous in their approach in carrying out demolition programme once a year. The report further records that in terms of the order passed by the Coordinate Bench of this Court on 8th January 2026, the electricity and water supply connection of the aforesaid premises has been disconnected. Notice has also been issued to the occupiers to vacate the said premises for carrying out demolition work. 4. In furtherance thereto, on 17th February 2026, a demolition programme was carried on in respect of the vacated portion. According to the report the entire demolition is not complete. Having regard to the disclosure made and noting from the learned advocate appearing for the parties that no appeal has been preferred form the demolition order and since the petitioner only claims to be a tenant who is the occupier of the part of the 5th floor of the premises in question, I am of the view that the petitioner has no right to object to the demolition programme that too in a collateral proceedings. It is also not the case of the petitioner that he had carried out the illegal construction. Since, he was not the person responsible, he has no right to object to the demolition or to seek recall of the order disconnecting the supply of water. No right accrues in favour of a party to occupy an illegal structure. 5. In the light of the above, nothing survives in the aforesaid writ petition and the same is accordingly dismissed. 6. All parties shall act on the basis of the server copy of this order duly downloaded from this Court’s official website. (Raja Basu Chowdhury, J.)