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2026 DAILYLAW 30402 (CAL)

SHANTI BASAK @ SHANTI RANI BASAK v. BIDHANNAGAR MUNICIPAL CORPORATION AND ORS.

WPA/9023/2025 · 2026-07-27

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27.07.2026 ML. 55 Ct No. 3 tkm WPA 9023 of 2025 Shanti Basak @ Shanti Rani Basak Vs Bidhannagore Municipal Corporation & Ors. Mr. Indranil Halder Ms. Neha Singh … for the petitioner Mr. Anish Kr. Mukherjee Ms. Jayita Dhar Chakraborty …for the BMC 1. The municipality has filed a report countersigned by the Executive Engineer Bidhannagore Municipal Corporation dated July 20, 2026. According to such report, on the basis of a complaint lodged by the petitioner on April 2, 2025 a stop work notice was issued against the alleged illegal construction carried out at Dag no. 3564, Mouja Krishnapur, JL no. 167, Khatian no. 267, ward no. 25, PS Baguiati, Kolkata. An inspection also took place on May 7, 2026 and it was observed that a three- storied building was almost complete except sanitary fittings. Obligatory open space was however, not available as per the rules. 2. In furtherance thereto, a hearing was conducted and a reasoned order was passed on May 22, 2026 along with the self demolition notice. The report further records that the self demolition has not 2 been carried out. A demolition schedule was fixed on July 14, 2026. However, no demolition took place on that date and the same has been re-scheduled on July 31, 2026. 3. Since, the municipality has already acted on the basis of the complaint lodged by the petitioner, I am of the view nothing survives in the present writ petition. The same is accordantly disposed of by observing that the municipality shall take further steps and give effect to the order so passed by them in accordance with law, and an up-dated report shall be filed by the municipality before the learned Registrar General within a period of six weeks from date. As and when such report is filed, the same shall be tagged with this petition. (Raja Basu Chowdhury, J.)