Form No.J(2) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present : The Hon’ble Justice Raja Basu Chowdhury WPA 22581 of 2026 Satish Kumar Sinha & Ors. Versus The State of West Bengal & Ors. For the petitioners : Mr. Abdul Hamid Molla Mr. Asif Hussain Md. Abdul Halim Mr. Sahil Hamid Mr. Biswadeep Dey Md. Ijaz Ahmed Molla For the State : Mr. Atanu Basu For the KMC : Mr. Biswajit Mukherjee Mr. Bratin Kumar Dey For the respondent nos.: Mr. Malay Kumar Singh 10 and 11 Mr. Tanwear Ahmed Khan Heard on : 17.09.2026 Judgment on : 17.09.2026 Raja Basu Chowdhury, J (Oral): 1. Affidavit of service filed in Court is taken on record. 2. The instant writ petition has been filed complaining illegal construction at premises no.T/56A/H/1A, Sambhunath Pandit Street, Ward no.71, Borough-IX (hereinafter referred to as the “said property”). 2 WPA 22581 of 2026 3. Mr. Hussain, learned advocate representing the petitioners would submit that the petitioners are the recorded thika tenant in respect of the said property, which comprises 3 cottahs, 2 chittacks more or less. The petitioners had entered into a development agreement with the private respondents for development of the aforesaid property. Though a sanctioned building plan dated 4th August, 2025 was obtained at the instance of the petitioners, however, later the petitioners realized that there had been serious deviation in carrying out the construction. The deviations have been noted in paragraph 8 of the writ petition, which are extracted hereinbelow: “That the serious deviation and unauthorized construction are highlighted herein below: (i) Beams / Pillars erected only 15 Pillars which resulted serious "WEEKNESS" of the "BASE" which may cause sudden fallen up; (ii) Shifting of staircase from the existing building sanction plan; (iii) Deviation of and/or changing the place of erecting lift contrary to the existing sanction plan; (iv) Underground water reservoir has been completely constructed illegally and unauthorizedly beneath the ground floor staircase room contrary to the existing sanction building plan; (v) As per sanction plan the concrete Dhalai of each floor is only three inches which should be five inches. 3 WPA 22581 of 2026 (vi) Due to above unauthorisation and deviation may collapse the building resulting loss of human lives, for example recent collapse of building at Metiabruz Kolkata which snatched away the life more or less 100 persons”. 4. According to the petitioners, though a complaint was lodged with the municipal authorities since, no steps have been taken apart from issuing notice under Section 401of the Kolkata Municipal Corporation Act, 1980 (hereinafter referred to as the “said Act’), the instant writ petition has been filed. 5. Mr. Mukherjee, learned advocate appears on behalf of the municipal authorities. He has placed before this Court a report dated 16th September, 2026, duly countersigned by the Executive Engineer (C)/Bldg./Br-IX. As per the aforesaid report the municipality after receiving the complaint in respect of the said premises had noted that there has been internal deviation from the sanctioned building plan which prompted the municipality to issue stop work notice. In the instant case, after preparation of rough sketch and infringement statement, the matter was processed and the higher authority has passed an order to proceed under Section 400(1) of the said Act. 6. Mr. Singh, learned advocate appears for the private respondents. He would submit that the construction is in accordance with the sanctioned building plan. 7. The State is also represented. 4 WPA 22581 of 2026 8. Having heard the learned advocates appearing for the respective parties I find that since the municipality has already acted on the basis of the complaint and has initiated the proceedings under Section 400(1) of the said Act, no fruitful purpose will be serve in retaining the matter on the file. The writ petition is accordingly disposed of by directing the municipality to bring the proceedings initiated under Section 400(1) of the said Act, to a logical conclusion on an expeditious basis, preferably within a period of 12 weeks from the date of communication of this order. 9. Till such time a decision is taken, no further construction shall be carried out, having regard to the nature of allegations and safety of the building and the workers. 10. The municipality shall circulate the report to the parties. 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)