21.09.2026 Ct. 3 Item No. AD 15 Saswata WPA 9189 of 2024 Rokuiya Bano & Anr. Versus Kolkata Municipal Corporation & Ors. Mr. Sujeet Kr. Maurya …For the petitioners Mr. Biswajit Mukherjee Mr. Debanjan Mukherjee …For the KMC 1. On 15th September 2026 this Court was pleased to pass the following order. 1. On 24th August, 2026, this Court was pleased to pass the following order: 2 3 2. Pursuant to such direction, the Special Commissioner has filed a report. Although, Mr. Mukherjee, learned advocate for the KMC would submit that the Special Commissioner has filed a report since the Municipal Commissioner was unwell, no such liberty had been granted to the Special Commissioner to file the report. This Court has not bestowed any authority on the Special Commissioner to file the affidavit for the delay. There is no disclosure for the period for which the 4 Municipal Commissioner was on leave on medical ground. The affidavit appears to have been affirmed on 14th September, 2026, though the time to file the report and the affidavit was upto 31st August, 2026. No leave was also obtained for the report and the affidavit by the Municipal Commissioner, to be filed by the Special Commissioner. In any event, the affidavit has been filed in the personal capacity of the Special Commissioner and not on behalf of the Municipal Commissioner. 3. In the peculiar facts, this Court is not inclined to accept the affidavit filed by the Special Commissioner as an affidavit by the Municipal Commissioner, especially when the direction was on the Municipal Commissioner to file the report and the affidavit. 4. Accordingly, this Court by refusing to accept the affidavit filed on behalf of the Special Commissioner directs the Municipal Commissioner to affirm an affidavit and comply with the directions passed by this Court on 8th June, 2026 and 24th August, 2026. Let such affidavit be filed within 21st September, 2026. Further course shall be decided after considering the affidavit of the Municipal Commissioner. 5. The report filed by the Officer-in-Charge of the concerned police station along with the charge-sheet as placed before this Court is taken on record. 6. The State is directed to place the latest status of the charge-sheet filed in FIR No. 92 dated 8th May, 2023 in connection with P.S. Watgunge being charge-sheet No. 17 of 2024 dated 1st April, 2024 in the form of a report. Let such status report be filed when the matter is taken up next on 21st September, 2026. 5 7. The Learned Registrar General is directed to communicate the order to the Municipal Commissioner, Kolkata Municipal Corporation. 8. List accordingly. 2. Pursuant to the order dated 15th September 2026, the Administrator and the Municipal Commissioner has filed a report in the form of an affidavit affirmed on 18th September 2026, which is taken on record. 3. Mr. Mukherjee learned advocate appearing for the KMC while drawing attention of this Court to the aforesaid report would submit that since the occupants are illegally occupying the unauthorized portion of the building, the municipality could not complete the demolition work which have been identified in paragraph 15 of the aforesaid report. 4. He further submits that the Executive Engineer (Building), Borough – IX has commenced the demolition on 2nd September 2026 and the same is continuing on daily basis in respect of the unoccupied portion at the third and fourth floor of the unauthorized construction in the said premises. However, according to such report since the building is situated in a narrow land and remaining all three sides are not so spacious for removing of the debris of such demolition, as such the work of demolition and removal of debris are proceeding in a slow pace. 5. Mr. Mukherjee has also drawn the attention of this Court to the notice issued under Section 412 (2) of the Kolkata Municipal Corporation Act, 1980 (hereinafter referred to as the said Act) and would submit that the municipality has already called upon the police authorities to provide proper assistance. 6 6. Mr. Ghosh, appearing for the Sate would submit that the State would provide all assistance to the municipal authorities and the notice issued by the municipality on 29th July 2026 and 22nd August 2026 under Section 412(2) of the said Act shall be complied with. 7. Having regard to such submissions, I am of the view that at the present moment no further order need to be passed. 8. The writ petition is disposed of by directing the municipality to ensure compliance of the demolition order dated 16th December 2023 in respect of the illegally constructed portion, and to file a report before the Learned Registrar General of this Court within 31st December 2026. Once, such report is filed, the same shall be tagged with the file. Needless to note that the police authorities shall be duty bound to act in accordance with the provisions of the said Act and shall render all assistance to the municipality as and when called for. 9. With the above direction and observation, the writ petition is disposed of. 10. All parties shall act on the basis of server copy of this order duly downloaded from this Court’s official website. (Raja Basu Chowdhury, J.)