27.08.2026 Sl. No.7 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA Special Civil Jurisdiction APPELLATE SIDE WPCRC 77 of 2026 in W.P.A. No.8660 of 2023 Smt. Sangita Dey Versus Ujjwal Kumar Pyne, Pradhan, Jetia Gram Panchayat, North 24-Parganas Mr. Saptarshi Chattopadhyay Mr. Sagnik Bhattacharya … for the applicant/petitioner. Mr. Siddhartha Lahiri Mr. Somnath Hafiswari Mr. Debraj Dutta …for the alleged contemnor. 1. Affidavit-of-compliance filed by the alleged contemnor is taken on record. Copy served. 2. Mr. Siddhartha Lahiri, learned Advocate appearing for the alleged contemnor submits that the building- in-question is G+3 structure having more than 3228 Sq.ft. or 300 Sq.mt. built-up area and the height of the building is more than 6.5 meters. As per Section 23 of the West Bengal Panchayat Act, 1973 (in short, „Act of 1973‟) the Pradhan of the concerned Gram Panchayat is not the appropriate authority to undertake any demolition proceeding of such building, which is more than 6.5 meters in height. The appropriate procedure is to be undertaken in terms of Section 160A of the Act of 1973 by the concerned Zilla Parishad. In such event, the applicant-petitioner is to approach before the concerned Zilla Parishad for doing the needful. 2 3. Learned Advocate for the petitioner seeks leave to approach the concerned Zilla Parishad. 4. In such backdrop, it would be apposite to reproduce Section 23(1), Section 160A(1) and Section 160(6) as follows: “23(1) No person shall erect any new structure or new building or make any addition to any structure of building having plinth area of not more than 150 square metres and height not more than 6.5 metres in any area within the jurisdiction of a Gram Panchayat except with the previous permission in writing from the Gram Panchayat” “160A(1) No person shall erect any new structure or new building or make any addition to any structure or building having plinth area of more than 300 square metres and height more than 6.5 metres in any area other than an area of an industrial estate or industrial park within the jurisdiction of any Panchayat under the area of a Zilla Parishad except with previous permission in writing of the Zilla Parishad” “160(6) Where any new structure or new building or any addition to any structure or building is being or has been erected or made, as the case may be, in contravention of the provision of sub-section (1), the matter shall be heard by a hearing officer who shall preferably be a retired senior Government Officer with the experience of having worked as a Magistrate and shall be appointed in the Zilla Parishad by the State Government. The hearing officer shall, after giving the owner of such building an opportunity of being heard, submit his recommendation to the Executive Officer of the Zilla Parishad. The Executive Officer of Zilla Parishad shall take decision for demolition of the building or a portion of the building, as the case may be, by the owner within such period as may be specified in order and in default, issue direction to the Sub-Divisional Officer concerned to effect the demolition and to recover the cost thereof from the owner as a public demand. In case of any difference of opinion between the Executive Officer of the Zilla Parishad and the hearing officer, the matter shall be referred to the Additional Chief Secretary or the Principal Secretary or the Secretary of the State Government for final disposal.” 5. Upon perusal of the aforesaid provisions, as indisputably the height of the building-in-question is more than 6.5 meters, it is the concerned Zilla Parishad, being the appropriate authority, who is to decide the issue. 3 6. Accordingly, the contempt petition being WPCRC 77 of 2026 stands disposed of. 7. Liberty is granted to the petitioner to approach the concerned Zilla Parishad for taking necessary action. 8. Accordingly, rule of contempt is discharged. 9. Personal appearance of the alleged contemnor is dispensed with. (Bivas Pattanayak, J.)