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2026 DAILYLAW 3502 (CAL)

SMTI.FATHIMA BIBI AND ORS v. THE PORT BLAIR MUNICIPAL COUNCIL AND ORS

WPA/41/2026 · 2026-02-09

Apurba Sinha Ray

body2026

Judgment text

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IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/41/2026 Smti. Fathima Bibi and Others Vs The Port Blair Municipal Council and Others Mr. K. Vijay Kumar … for the petitioners Mr. Rakesh Kumar … for the PBMC Mr. K.Sabir … for the respondent No. 4-5 February 09, 2026 [AKB] Item No.14 The learned counsel for the petitioner has submitted that on 17.09.2025 a final order of demolition was passed in respect of the concerned building, but inspite of such final order, demolition work was not carried out. Necessary direction should be given to the official respondents to carry out the said demolition work immediately. The learned counsel appearing for the private respondents, Mr. K.Sabir has submitted that against the order dated 17.09.2025 his clients have preferred an appeal before the appropriate authority but he was unable to give the particulars of that appeal. The learned counsel for the official respondents has submitted that they are ready to carry out demolition work but as the instant writ petition is pending before this Court the demolition work is not carried out. After going through materials on record it appears that, the order dated 17.09.2025 passed by Secretary, Municipal council be carried out immediately subject to the result of the 2 appeal allegedly filed by private respondents. But if the same is not pending, the official respondents should carry out demolition work as per order dated 17.09.2025 within two weeks from date. Learned counsel for the petitioner is directed to communicate this order to the official respondents. The learned counsel for the private respondent has submitted that he will hand over the copy of appeal papers as stated above to the learned counsel for the writ petitioner in course of the date. The writ petition being WPA/41/2026 is, thus, disposed of. (Apurba Sinha Ray, J.)