07.09.2026 Ct. No.446 Supp. Sl. No.1 akd W. P. A. 24152 of 2026 [Momin Ali Laskar -Vs- The State of West Bengal & Ors.] Mr. Sabyasachi Chatterjee Mr. Akashdeep Mukherjee Mr. Badrul Karim Mr. Rishabh Ahmed Khan Mr. Tirupati Mukherjee Mr. Aritra Ghosh … … for the petitioner Mr. Atanu Basu Mr. Bikramjit Mandal … … for the State 1. Affidavit-of-service filed in Court today on behalf of the petitioner is taken on record. However, despite service, none appears on behalf of the Baruipur Municipality. 2. The present writ petition has been taken up for hearing upon being mentioned on behalf of the petitioner, citing urgency. It has been submitted that the municipality proposes to demolish a portion of the building in question today at about 11.00 a.m. 3. The present writ petition has been preferred challenging the legality and propriety of the order dated 25th August, 2026, issued by the Chairman, Baruipur Municipality, whereby the petitioner was informed that necessary steps for demolition of the alleged illegal and unauthorised construction at the premises situated on Dag Nos. 160 and 161, Uma Charan Road, under Ward No. 12 of Baruipur Municipality, would be taken on 7th September, 2026 at 11.00 a.m. 4. Mr. Chatterjee, learned Advocate appearing for the petitioner, submits that, in an earlier round of litigation, one Sarojani Pandey had preferred a writ petition, being WPA 16722 2 of 2022, alleging inaction on the part of Baruipur Municipality in considering her representation complaining of illegal and unauthorised construction allegedly raised by the present petitioner at the aforesaid premises. The said writ petition was disposed of by a coordinate Bench of this Court by an order dated 25th September, 2023, directing the concerned Municipality to cause an inspection of the premises and, if upon such inspection any unauthorised construction was found, to take appropriate steps in accordance with law. 5. He further submits that in compliance with the order dated 25th September, 2023 passed in WPA 16722 of 2022, an inspection was conducted and the concerned official of the Municipality abruptly jumped to the conclusion that there was an unauthorized construction and passed an order dated 5th August, 2026 directing the petitioner to remove the unauthorized construction, as detected by the concerned official of the Municipality. He also submits that challenging the order dated 5th August, 2026, an appeal under sub-section (3) of Section 218 of the West Bengal Municipal Act, 1993 (in short “the 1993 Act”) has been preferred before the appellate court being the Court of the Civil Judge (Junior Division), 1st Court at Bauipur, which was numbered as Other Appeal No. 01 of 2026. 6. Mr. Chatterjee submits that the appellate forum, by an interim order, has stayed the operation of the demolition order till 7th September, 2026. However, he contends, during the pendency of the appeal, the Chairman of the Municipality passed a fresh order dated 25th August, 2026, informing the petitioner that necessary steps for demolition would be undertaken today, i.e. 7th September, 2026, at about 11.00 a.m. Mr. Chatterjee, on 3 instruction, submits that no steps towards demolition have, as yet, been taken today; nevertheless, the petitioner apprehends that the Municipality may undertake the demolition at any point of time. 7. He submits that the order dated 25th September, 2023 passed in WPA 16722 of 2022 required the Municipality to proceed in accordance with law and, accordingly, the petitioner has a right to challenge any order of demolition before the appropriate appellate forum. It is contended that, if the Municipality is permitted to proceed with the demolition, the pending appeal would be rendered infructuous. 8. Mr. Chatterjee further submits that, unless some interim protection is granted to the petitioner, at least to enable him to approach the appropriate appellate forum by filing an application for stay of operation of the order dated 25th August, 2026, the petitioner would suffer irreparable injury, which cannot be adequately remedied at a later stage. 9. Lastly, he submits that, at least, some reasonable breathing time ought to be granted to the petitioner to enable him to prefer an application under Section 151 of the 1993 Act before the appellate forum, bringing on record the order dated 29th July, 2026. 10. Mr. Basu, learned Advocate appearing for the State respondents, submits that, in compliance with the order dated 25th September, 2023 passed in WPA 16722 of 2022, an inspection of the premises was duly conducted and, upon such inspection, the existence of illegal and unauthorised construction was found. Accordingly, steps have been taken by the concerned authorities in accordance with law. He further submits that, 4 alleging violation of the order dated 25th September, 2023, a contempt application, being CPAN 1861 of 2024, was filed, in which Rule was also issued. He submits that the contempt application, along with the Rule, is presently pending before a coordinate Bench of this Court and is next fixed for hearing on 10th September, 2026. 11. Heard the learned Advocates appearing for both the parties and perused the materials on record. 12. The present petitioner was a party to the aforesaid writ petition and has not challenged the order dated 25th September, 2023. The said order has, therefore, attained finality and is binding upon the petitioner. It is not in dispute that, in compliance with the said order, the concerned Municipality caused an inspection of the premises to be conducted. At the same time, it is equally material to note that the order dated 25th September, 2023 required the Municipality to proceed in accordance with law. The West Bengal Municipal Act, 1993 provides for a statutory remedy of appeal against an order of demolition. In exercise of such statutory remedy, the petitioner challenged the earlier demolition order dated 5th August, 2026 before the appropriate appellate forum, which, in the meantime, has passed an interim order staying the operation of the said demolition order. 13. However, during the pendency of the said appeal, the Chairman of the Municipality issued a further order dated 25th August, 2026, fixing 7th September, 2026 for taking necessary steps for demolition of the building, which, according to the Municipality, comprises illegal and unauthorised construction. In such circumstances, the petitioner ought to be afforded a 5 reasonable opportunity to challenge the subsequent order dated 25th August, 2026 before the same appellate forum where the appeal against the earlier demolition order is pending. Any precipitate action pursuant to the subsequent order, before the petitioner is afforded such an opportunity, may render the statutory remedy of appeal nugatory. 14. In view of the foregoing, the writ petition is disposed of with a direction upon Baruipur Municipality not to take any steps pursuant to the order dated 25th August, 2026 for demolition of the unauthorised construction till 10th September, 2026. 15. The authorities of Baruipur Municipality are directed to place before the coordinate Bench hearing the contempt application the entire sequence of events, including the issuance of the demolition order dated 5th August, 2026, the filing of the statutory appeal assailing the said order under sub-section (3) of Section 218 of the West Bengal Municipal Act, 1993, the interim order passed in the said appeal, and the issuance of the subsequent order dated 25th August, 2026 during the pendency of the appeal. Such facts shall be brought to the notice of the coordinate Bench on 10th September, 2026, or on such other date on which the contempt application and the Rule are taken up for hearing. 16. The petitioner is directed to communicate this order to the Baruipur Municipality forthwith. 17. It is made clear that if any application is presented before the appropriate forum by the petitioner, the same shall be considered in accordance with law without being influenced by any observations made in this order. 6 18. With these observations and directions, WPA 24152 of 2026 is disposed of. 19. Since no affidavits have been filed by the respondents, the allegations made in the writ petition shall be deemed to have not been admitted by the respondents. 20. There shall be no order as to costs. 21. Let urgent Photostat certified copy of this order be made available to the parties, if applied for, upon compliance of usual formalities. (Partha Sarathi Chatterjee, J.)