MANAS KUMAR BANERJEE v. KOLKATA MUNICIPAL CORPORATION AND ORS
WPA/18750/2026 · 2026-08-20
Raja Basu Chowdhury
body2026
DailyLaw.ai
[ 2026 DAILYLAW 33095 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33095 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
20.08.2026
sayandeep Sl. No. 15 Ct. No. 03
WPA 18750 of 2026
Dr. Manas Kumar Banerjee Vs. KMC & ors.
Dr. Rudra Prasad Matilal
…. for the petitioner Mr. Biswajit Mukherjee Ms. Ina Bhattacharyya
….. for the KMC Mr. Rajdeep Bhattacharya Ms. Himadree Ghosh
…. For the respondent No. 7
1. Complaining illegal construction at the behest of the private respondent at the premises No. 54, Braunfeld Row, Kolkata 700027 ward No. 78, Borough-IX and the failure on the part of the municipal authorities to take action, the instant writ petition has been filed.
2. The municipality is represented and would submit by placing before this Court a report by the Executive Engineer(C), Building, Borough IX dated 9th August, 2026 that upon receiving the complaint, an inspection was carried out and immediately thereafter a rough sketch of infringement statement has been prepared and the matter has been placed before the higher authority for processing under Section 400 of the KMC Act, 1980(hereinafter referred to as the said Act). He would also submit that a stop work notice under Section 401 of the said Act has already been issued. Let a copy of the same be taken on record.
WPA 18750 of 2026
2
3. The private respondent is represented and would submit that the construction that was being carried out by the respondent was in accordance with sanctioned building permit No. 2017090087 dated 22nd August, 2018. The permit is for construction of a three storied residential building.
4. Having heard the learned advocates appearing for the respective parties and noting that the municipal authorities have already taken steps, I am of the view, at this stage there is no scope to pass any further order excepting directing the Officer-in-Charge of the jurisdictional Police Station to ensure that the stop work notice issued by the municipal authorities under Section 401 of the said Act is complied with. The municipal authorities are also directed to inform the Officer-in-Charge of the jurisdictional Police Station with regard to the development in the matter.
5. With the above observations and directions, the writ petition is disposed of.
6. Since no affidavit-in-opposition has been called for, the allegations made in the petition are deemed not to have been admitted by the respondents.
(Raja Basu Chowdhury, J.)