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2026 DAILYLAW 38235 (CAL)

M/S ASHA REAL ESTATES AND DEVELOPERS PVT LTD v. THE COMMISSIONER BIDHANNAGAR MUNICIPAL CORPORATION AND ORS

CO/2505/2026 · 2026-09-01

Hiranmay Bhattacharyya

body2026

Judgment text

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Sl.164 01.09.2026 Court No.6 BP C.O. 2505 of 2026 M/s. Asha Real Estates and Developers Pvt. Ltd. -versus- The Commissioner, Bidhannagar Municipal Corporation & Ors. Mr. Anindya Lahiri, Sr. Advocate Mr. Sumitava Chakraborty Mr. Shantanu Chakraborty ..for the petitioner Mr. Avinash Kankani Mr. Anish Kumar Mukherjee ..for the Bidhannagar Municipal Corporation Mr. Indranil Halder ..for the respondent no.5 This application under Article 227 of the Constitution of India is at the instance of the person responsible for making the impugned construction and is directed against an order being no.2 dated July 30, 2026 passed by the learned Municipal Building Tribunal at Bidhannagar in B.T. Appeal No.8 of 2026. By the impugned order the learned Tribunal after allowing the application for condonation of delay rejected the prayer for stay of operation of the demolition order passed by the Bidhannagar Municipal Corporation. Mr. Lahiri, learned senior advocate appearing for the petitioner submits that prior to passing the order of demolition the inspection report was not supplied to the petitioner. 2 The learned advocate appearing for the Bidhannagar Municipal Corporation submits that instead of keeping this matter pending before this Court the appeal may be directed to be disposed of expeditiously. After hearing the learned advocates for the respective parties this Court feels that since an appeal has been preferred by the petitioner challenging the order of demolition and one of the point raised by the petitioner is that the inspection report was not supplied to the petitioner prior to passing of the order of demolition, this Court is inclined to pass an interim order till the disposal of the B.T. Appeal pending before the Municipal Tribunal. Since the appeal arises out of an order of demolition, an endeavour should be made to dispose of the said appeal expeditiously. At this stage, the learned advocate appearing for the Bidhannagar Municipal Corporation submits that 12th September, 2026 is the date fixed before the Municipal Building Tribunal. C.O. 2505 of 2026 stands disposed of by requesting the Municipal Building Tribunal at Bidhannagar to take up the hearing of the B.T. Appeal No.8 of 2026 on the next date fixed i.e. on 12th September, 2026 and to make an endeavour to dispose of the same as expeditiously as possible but preferably by the end of the month of November, 2026 without granting any unnecessary adjournments to either of the parties. There shall be an order of stay of operation of the order of demolition passed by the Bidhannagar Municipal 3 Corporation dated 22nd May, 2026 and the notice dated 22nd July, 2026 till the disposal of the B.T. Appeal No.8 of 2026. It is, however, made clear that the Building Tribunal shall decide the B.T. Appeal without being influenced by any observations made by this Court in this order as well as any orders passed in connection with the civil revisional application and all points are left open to be raised by the respective parties and the points raised shall be decided by the Tribunal in accordance with law by passing a reasoned order. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)