PARTHA SRATHI KASHYAPI v. STATE OF WEST BENGAL AND ORS.
WPA(P)/56/2026 · 2026-09-14
Arijit Banerjee, Reetobroto Kumar Mitra
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 40700 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 40700 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
21. 14.09.2026 Court No.8 (Tanmoy) WPA(P)/56/2026
PARTHA SRATHI KASHYAPI VS STATE OF WEST BENGAL AND ORS.
Ms. Anita Dutta
Mr. Anubrata Dutta …for the petitioners.
Mr. Ajit Kr. Mishra, Ld. AGP
Mr. Milind Mohul Ghosh
Mr. Aman Mishra …for the State.
Mr. Nilotpal Chatterjee
Ms. Tanushree Dasgupta …for KMC.
Dictated by Arijit Banerjee, J.
1. This writ petition styled as Public Interest Litigation (PIL) was filed complaining of unauthorized structure on a water body. The further allegation is that certain types of explosives are being stored in the structure that has come up illegally.
2. A co-ordinate Bench had called for a report from Kolkata Municipal Corporation (KMC). Such report has been filed. The writ petitioner has also filed his exception to the said report.
3. Referring to the said report, learned Counsel for KMC tells us that upon local inspection, unauthorized construction was detected at the concerned locale. Notice for stoppage of further construction under Section 401 of the KMC Act, 1980, has been served on the person responsible. Proceedings have also been initiated under Section
2 400(1) of the KMC Act, 1980, in respect of such alleged unauthorized construction.
4. We, therefore, see that the petitioner’s grievance has received the attention of the KMC Authorities. We direct KMC to expedite the proceedings under Section 400 of the KMC Act, 1980 and take the same to its logical conclusion at the earliest observing the principles of natural justice, but definitely within a month from date. Needless to say, if the concerned Officers come to the conclusion that unauthorized construction has been raised the same shall be demolished following due process of law.
5. KMC Authorities shall also ensure that no inflammable articles are stored in the structure which has been constructed illegally.
6. We see no reason to keep the writ petition pending.
7. WPA(P)/56/2026 is disposed of accordingly.
8. Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance with all requisite formalities.
(Arijit Banerjee, J.)
(Reetobroto Kumar Mitra, J.)