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2026 DAILYLAW 46345 (CAL)

OINDRILA APARTMENT FLAT OWNERS ASSOCIATION AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/25973/2026 · 2026-10-01

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27 01.10.2026 sb Ct.3. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 25973 of 2026 Oindrila Apartment Flat Owners Association & Ors. versus State of West Bengal & Ors. Mr. Bikash Ranjan Bhattacharyya, Sr. Adv., (VC) Mr. Samim Ahammed Ms. Salini Bhattacharya Ms. Zoya Eram … For the petitioners. Mr. Amales Ray, Sr. Advocate Ms. Mousumi Bhowal Mr. Aman Gupta Mr. Ishan Bhattacharya ….For the municipality. Mr. Dipankar Das … For the respondent no.4 Mr. Bikram Banerjee Ms. Sagarika Goswami Ms. Anushka Dasgupta … For the respondent no.9 1. Affidavit of service filed in Court is taken on record. 2. The instant writ petition has been filed, inter alia, praying for a direction upon the respondent authorities to demolish and/or remove the unauthorized construction raised at premises no. 344, Mahendra Chandra Garden Road, Ward no. 14 under South Dum Dum Municipality. 3. It is also pointed out on behalf of the petitioners that a representation has been made on 31st July, 2026, which is addressed to the Chairman, South Dum Dum 2 WPA 25973 of 2026 Municipality regarding cancellation of the provisional sanction plan issued in respect of the aforesaid premises. 4. Ms. Bhowal, learned advocate appearing on behalf of the South Dum Dum Municipality would submit that she has no instruction as to whether the aforesaid representation has been disposed of or not. 5. Having heard the learned advocates appearing for the respective parties and having considered the materials on record, I am of the view since a representation dated 31st July, 2026 remains pending the same needs to be considered by the municipality. 6. Accordingly, the writ petition stands disposed of by directing the municipality to consider and dispose of the petitioners’ representation in accordance with law within a period of six weeks from date, upon giving an opportunity of hearing to the interested parties. 7. It is, however, made clear if the municipality notices that there has been infraction of the building rules in carrying out construction, appropriate steps, in accordance with law, shall be taken. Urgent Photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities. (Raja Basu Chowdhury, J.)