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2026 DAILYLAW 34825 (CAL)

SHELTER PROJECTS LIMITED AND ORS. v. THE STATE OF WEST BENGAL AND ORS

WPO/342/2026 · 2026-08-13

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OD- 8 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE. WPO/342/2026 SHELTER PROJECTS LIMITED AND ANR. VS THE STATE OF WEST BENGAL AND ORS. BEFORE THE HON’BLE JUSTICE RAJA BASU CHOWDHURY Date: 13h August, 2026 Appearance Mr. S. Thakurata, Adv. ..for the petitioners Mr. Debasish Choudhuri, Adv. Mr. Bikash Chandra, Adv. ..for the State Mr. Biswajit Mukherjee, Adv. Mr. Gurudas Mitra, Adv. …for the KMC 1. The instant writ petition has been filed for removal of all illegal constructions made at premises nos.8, Dr. Suresh Chandra Banerjee Road (formerly known as Belighata Main Road), Kolkata – 700 010 and at the premises no.1/1, K. G. Bose Sarani (formerly known as Talpukur Road), Kolkata – 700 010, Ward no.35. 2. The petitioners are aggrieved by the conversion of the aforesaid land to a play ground and children’s park. 3. The municipality is represented and has filed two separate reports duly counter-signed by the Executive Engineer (C), Parks & Square Department of the Kolkata Municipal Corporation. From the aforesaid report, it would transpire the said lands are neither listed in the inventory of park as mentioned in the Park & Square Department. The reports further highlight WPO/342/2026 2 that the said lands are not controlled by the Park & Square Department for any type of maintenance till this date. 4. Having regard to the disclosures made by the municipality and noting that though the learned advocate representing the petitioners would submit that the land has been illegally converted to a play ground and children’s park, I am of the view that the conversion of the land to a park cannot constitute illegal construction. Accordingly, no interference is called for. 5. The writ petition, thus, stands dismissed. There will be no order as to costs. 6. This order shall not, however, interfere with the rights of the petitioners to take appropriate steps as regards the above conversion before the appropriate forum in accordance with law, if so advised. (RAJA BASU CHOWDHURY, J.) akg/