16. 28.09.2026. Court No.03. (Pritam) WPA 25326 of 2026. Faiyaz Ahmed Ansari. -Vs.- Kolkata Municipal Commissioner, KMC & Ors. Mr. Tanweer Ahmed Khan, Mr. Debdipto Banerjee. .....for the petitioner. Ms. Koyeli Bhattacharyya, Mr. Sundar Gopal Bhattacharyya. ......for the KMC. 1. Affidavit-of-service filed in Court today is taken on record. 2. The present writ petition has been filed complaining illegal construction at premises No.Z-5/195/84/19, Bagdi Para Road, Post Office – Badartala, P.S.- Nadial, Ward No.141, Kolkata – 700 044 (in short the said property). It is the petitioner’s case that the petitioner has entered into a development agreement with the respondent no.6 for development of the property situated at the said premises. 3. Though an agreement was executed and as per the development agreement, though the developer/private respondent was under an obligation to carry out development of the said property in accordance with the sanctioned building plan, the development, according to 2 the petitioner, is taking place without any sanctioned plan. 4. The municipality is represented and a report has been filed which is counter-signed by the Executive Engineer(C), Building Department, Borough – XV, KMC dated 28th September, 2026. 5. According to such report, upon receipt of the complaint, an inspection was carried out when it was noted that the construction at the locale is without any plan. Accordingly, the stop-work notice under Section 401 of the KMC Act, 1980 (hereinafter referred to the as the “said Act”) has been issued. The municipal authorities are in the process of taking appropriate steps in the matter under the relevant provisions of Section 400 of the said Act. 6. Having heard the learned advocates appearing for the respective parties and noting that a construction is being carried out at the locale without any sanctioned building plan, I am of the view that the stop work notice issued by the municipality must be implemented and no further construction should be permitted at the locale till such time the proceedings under Section 400 of the said Act are initiated and concluded by bringing the same to a logical conclusion. 7. The Officer-in-Charge of the jurisdictional police station is directed to ensure that no further construction takes place at the locale and the locale remains unoccupied. 3 The municipality is directed to conclude the proceedings under the relevant provisions of Section 400 of the said Act on an expeditious basis, preferably within a period of 3 weeks from date. 8. After the proceedings are completed and the unauthorized construction is dealt with in accordance with law, a report be filed by the municipality before the learned Registrar General of this Court and once such report is filed, the same shall be tagged with this file. Let a copy of this order be pasted at a conspicuous place in the said premises. 9. With the aforesaid observations and directions, the instant writ petition is disposed of. 10. Urgent Photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings. (Raja Basu Chowdhury, J.)