Form No.J(2) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present : The Hon’ble Justice Raja Basu Chowdhury WPA 12447 of 2025 Subhankar Chowdhury Versus The Konnagar Municipality & Ors. With WPA 24956 of 2026 Ghosh Construction & Anr. Versus The State of West Bengal & Ors. For the petitioner : Mr. Kallol Basu In WPA 24956 of 2026 Mr. Bratin Kumar Dey and the respondent no. Mr. Prasenjit Debnath 5 in WPA 12447 of 2025 Mr. Atreya Chakraborty For the Municipality : Mr. Rajendra Chaturvedi Heard on : 30.07.2026 & 15.09.2026 Judgment on : 15.09.2026 Raja Basu Chowdhury, J (Oral): 1. The writ petition, being WPA 12447 of 2025 (being the first writ petition herein) has been filed, inter alia, praying for a direction upon the respondent municipal authorities to cause an enquiry and submit a report as regards the illegal construction carried out at holding no. 29 Rammohan Place, Ward No.17 under Konnagar Municipality (hereinafter referred to as the said premises). 2 WPA 12447 of 2025 With WPA 24956 of 2026 2. When the writ petition came up for consideration on 30th July, 2026, the learned advocate for the petitioner in the first writ petition was interested to withdraw the writ petition, this Court, however, noting that the petition concerns the allegation of illegal construction and since the illegal construction constitutes social evil, the prayer for withdrawal was rejected. Consequentially, the municipality was directed to carry out an inspection at the locale and file a report before this Court when the matter is taken up next. 3. Today, the municipality has filed report, which is taken on record. 4. At this stage, the respondent no. 5 in the first writ petition would submit that a writ petition, being WPA 24956 of 2026 (being the second writ petition) is pending consideration before this Court, wherein the said respondent has challenged the purported unilateral cancellation of the completion certificate issued by the municipal authorities regarding the said premises. 5. Considering the peculiar facts and noting that both the writ petitions are in relation with the said premises, this Court had directed the writ petition, WPA 24956 of 2026 to be listed in the supplementary list today and accordingly, in presence of the parties, both the writ petitions are taken up for consideration. 6. Mr. Basu, learned advocate representing the petitioner in the second writ petition and the respondent no.5 in the first writ petition would submit that the municipal authorities without providing any opportunity of hearing to the petitioner in the second 3 WPA 12447 of 2025 With WPA 24956 of 2026 writ petition and without any rhyme or reasons has purported to cancel the completion certificate. The same according to him is arbitrary, whimsical and cannot be sustained. In any event, he would submit that the petitioner in the second writ petition should be given an opportunity to consider the report filed in Court today by the municipality. 7. Having heard the learned advocates appearing for the respective parties and having considered the materials on record, I find that on the basis of the disclosure made by the municipal authorities, the municipality had sanctioned the plan to construct ground floor to fifth floor having covered area of 233.60 sq. mtr., each floor. According to the report, the mandatory open space in the sanctioned plan is 1.20 mtr. on the northern side, 3.00 mtr., on the southern side, 1.50 mtr., on the eastern side and 1.20 mtr., on the western side. The report further records that the total sanctioned height of the building is 17.10 mtr. and the road width is 3.657 mtr. Incidentally, the report would reveal that on the northern side instead 3.00 mts., the ground open space is 1.20 mtr. Further from the 1st to 5th floor the open space is only 0.45 mtr. On the western side though the ground floor has been maintained at 1.20 mtr., as per the sanctioned building plan, from 1st to 5th floor open space has been maintained only at 1.00 mtr. Again on the eastern side though the open space is 1.50 mtr., however, the same from 1st to 5th floor is only 1.05 mtr. 4 WPA 12447 of 2025 With WPA 24956 of 2026 8. Incidentally, the sub-assistant engineer did not deem it fit to include in its report the entire covered area which has been constructed though he has recorded what would be the covered area from the ground floor to fifth floor. 9. Be that as it may, at this stage, this Court without finally adjudicating the same is of the view having regard to the above disclosure it shall only be appropriate to direct the municipal authorities to initiate a proceeding under Section 218 of the West Bengal Municipal Act, 1993 and to bring the said proceeding to a logical conclusion on an expeditious basis by passing a reasoned order. 10. In the order the municipality must determine the exact area which was sanctioned on each floor and the exact area which has been constructed. For the said purpose, a further inspection may be carried out by the municipal authorities in presence of the parties and such report and the inspection should be reflected in the order to be passed by the Board of Councillors/Administrator of the municipality. The report must be circulated to the parties before the decision is taken. 11. Till such time a decision is taken by the municipal authorities, no further construction shall be permitted. 12. Let a notice to be pasted by the municipality on the outer wall of the premises as regards the nature of illegal construction, prima 5 WPA 12447 of 2025 With WPA 24956 of 2026 facie, noted by the municipality in its report dated 11th September, 2026. 13. With the above observations and directions, the writ petition, being WPA 12447 of 2025 stands disposed of. 14. In view of the disposal of the first writ petition, nothing survives in the second writ petition, especially when illegal construction has been noted, though the same is only treated to be prima facie at this stage. Accordingly, the second writ petition, being WPA 24956 of 2026 also stands disposed of. 15. Let the appointment of Mr. Rajendra Chaturvedi, learned advocate for the Konnagar Municipality in WPA 24956 of 2026 be regularized. 16. Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of requisite formalities. (Raja Basu Chowdhury, J.) sb A.R. (Court)