M/L Item No.- 28 05.08.2026 Court No. 3 Rohan In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 11070 of 2025 Tarique Khan Versus The Kolkata Municipal Corporation & Ors. Mr. Gopal Chandra Das Ms. Ina Bhattacharya … for the K.M.C. 1. Complaining of unauthorized construction being carried out by the respondent No. 6 to 11 at premises No. 2N, Radha Gobinda Saha Lane, P.S. – Karaya, Kolkata-700017 and the failure on the part of the Municipal Authority to stop such illegal construction, the instant writ petition has been filed. 2. When the matter was taken up for consideration on 27th January, 2026, this Court by noting the facts leading to institution of the writ petition and the case made out, had directed the concerned Municipality to file a report. The report is as follows: “ Report In compliance with the order dated 27/01/2026 of the Hon’ble High Court at Calcutta, the captioned premises has been inspected 25.03.26 and found that formwork has been made at the 2 demolished portion i.e. roof of 3rd floor and formwork for beam only has been made above the roof of 3rd floor. No RCC slab has been cast at demolished portion and above the roof of 3rd floor. No ongoing construction has been found during inspection. The local Police Station has been intimated through mail requesting to take follow up action in prevention of unauthorized construction at the abovementioned premises including keeping the strict vigil over the person responsible. It is to be mentioned that demolition work was earlier executed u/s 400(8) of KMC Act. 1980 and major portion of unauthorised construction of RCC roof slab of 3rd floor was demolished. Sd/- 10.06.2026 E.E(C)/Bldg/Br-VII” 3. Having heard the learned advocate for the Municipality and though the petitioner and the private respondent remains unrepresented, I am of the view that the Municipal Authority must ensure that the attempt made by the private respondents to reconstruct the demolished portion as is reflected from the above report should be firmly dealt with and adequate steps should be taken to remove such formwork from the demolished portion. Appropriate proceedings should also be drawn against the person responsible for attempting to reconstruct the demolished portion. 3 4. Accordingly, the Municipal Authorities are directed to take up the matter with the concerned jurisdictional police station. 5. The instant writ petition is, thus, disposed of by directing the Municipal Authorities to ensure compliance of its order passed under Section 400(8) of the said Act in accordance with law and to ensure that the person responsible does not reconstruct the said portion. 6. There shall, however, be no order as to costs. 7. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court. 8. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Raja Basu Chowdhury, J.)