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Calcutta High Court · body

2026 DAILYLAW 30896 (CAL)

ELMEENA BEGUM AND ANR v. STATE OF WEST BENGAL AND ORS.

WPA/16198/2026 · 2026-07-22

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

26 jdt. 22.07.2026 jb. WPA 16198 of 2026 (Elmeena Begum & Anr. vs. State of West Bengal & Ors.) Mr. Anirban Roy Abid Jamal …. For the Petitioners Ms. Tapasi Palit Sinha Mr.Suman Chattopadhyay …. For the State Ms. Ipsita Ghosh …. For the Respondent nos. 6 and 7 Affidavit of service filed by the petitioners and instruction submitted by the State are taken on record. The petitioners allege that the private respondents are raising unauthorised construction without obtaining sanction from the concerned Panchayat and without leaving requisite side space. Pursuant to a representation submitted by the petitioners in this regard before the Block Development Officer, Bagnan-I Development Block, Howrah a stop work notice was issued by the said authority to the private respondents who were directed to submit a vetted building plan and necessary land documents before the authority. Since the construction continued, a demand notice was served upon the Block Development Officer on behalf of the petitioners on 29th June, 2026. The petitioners seek consideration of the same. Denying such allegation, learned counsel for the private respondents submits that the land which was 2 originally classified as Sali has been converted to Bastu by virtue of conversion certificate issued on 14th August, 2025. The construction is being raised in terms of the sanctioned building plan granted in favour of the private respondents. It appears from the instruction submitted by the State that though the construction is being raised upon obtaining sanctioned building plan, there is some deviation from the said plan. In view of the above, the Block Development Officer, Bagnan-I Development Block, being the 3rd respondent herein, is directed to deal with the demand notice submitted by the petitioners dated 29th June, 2026 upon granting reasonable opportunity of hearing to all concerned including the petitioners and the private respondents and take necessary steps for ascertaining whether there has been any deviation from the sanctioned building plan granted in favour of the private respondents. In the event such deviation is detected, necessary steps be taken by the authority in accordance with law. The decision taken by the authority shall be communicated to the parties within a week thereof. The entire exercise shall be completed within six weeks from the date of communication of this order. The writ petition is disposed of. There shall be no order as to costs. 3 Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)