NASHREEN NESHAT AND ANR. v. STATE OF WEST BENGAL AND ORS.
WPA/22600/2026 · 2026-09-29
Raja Basu Chowdhury
body2026
DailyLaw.ai
[ 2026 DAILYLAW 46078 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 46078 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
11 29.09.2026 Saswata Ct.3. WPA 22600 of 2026 Nashreen Neshat & Anr. Versus State of West Bengal & Ors. Mr. Piush Chaturvedi, Sr. Adv. Mr. Nilanjan Chatterjee …For the KMC
Mr. Tapas Kumar Chatterjee, Mr. Bidhayak Lahiri …For the State
1.On 22nd September 2026, this Court was pleased to pass the following order:
1. The affidavit-of-service filed in Court today is taken record. Complaining illegal construction at premises No. 2A/H/18 Tiljala Lane, Borough VII, P.S.-Karaya, Kolkata 700019 at the behest of the private respondent Nos. 6,8 and 9, the instant writ petition has been filed. 2. The municipality is represented and by placing before this Court a written instructions duly counter signed by the Executive Engineer (C), Building, Borough-VII dated 14th September, 2026 would submit that the department has already inspected the premises-in-question has found that some Tali shed hut, and no new construction work has been found at the time of inspection. The report further records that as per the available office records, there is a sanctioned plan of straight three storied residential building at the aforesaid premises being building plan dated 26th December,
2025. 3. Let a copy of the aforesaid report has filed in Court be taken on record. 4. Ms. Gayen, learned advocate appears for the private respondent No. 8. She undertakes to file vokalatnama in course of the day. According to her, no illegal construction has taken place. 5. Having heard the learned advocates appearing for the respective parties and since learned advocate for the petitioners by drawing attention of this Court to page No. 51 of
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the writ petition would submit that at present a five storied building is standing at the locale and the report filed by the concerned Executive Engineer (c), Building, Borough VII gives an incorrect picture before this Court, I am of the view that the respondent No. 3 must cause an enquiry in the matter and must cause an inspection under his supervision to be undertaken. 6. Let a report in this regard be filed before this Court on 29th September, 2026. 7. The report must include coloured photographs of the locale which are legible, unlike the photographs which have been annexed and made over before this Court along with the report as filed in Court today. 8.
List this matter on 29th September, 2026.” 2.Pursuant to the aforesaid order, the municipality has filed a report dated 28th Sepetember 2026 countersigned by the Director General (Building), Building Department, KMC. As per the aforesaid it would transpire that the Director General (Building), Building Department, KMC has caused an inspection to be conducted through the Sub-Assistant Engineer (C), Assistant Engineer (C), and the Executive Engineer (C) at premises no. 2A/H/18 Tiljala Lane, Borough VII, ward no. 65, Kolkata – 700019. 3.The inspection report reveals that there is an existing brick – built Tali shed and it appears that the same had been built long ago. Copy of the report as placed before this Court is retained with the record. 4.In view of the above disclosure, since the above report tallies with the report dated 14th September 2026 issued by the Executive Engineer (C), Borough – VII, I am of the view, no interference is called for and nothing survives in the present writ petition. 3
5. With the above direction and observation, the writ petition is dismissed. 6. All parties shall act on the basis of the server copy of this order duly downloaded from this Court’s official website. (Raja Basu Chowdhury, J.)