CENTRAL LAND AND BUILDING SOCIETY PRIVATE LIMITED AND ORS. v. STATE OF WEST BENGAL AND ORS.
WPA/25056/2026 · 2026-10-06
Raja Basu Chowdhury
body2026
DailyLaw.ai
[ 2026 DAILYLAW 47373 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 47373 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
23 06.10.2026 sb
Ct.3.
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
WPA 25056 of 2026
Central Land and Building Society Limited & Ors. Versus The State of West Bengal & Ors.
Mr. Subhranil Ray
… For the petitioners.
Mr. Tapas Kumar Chatterjee
Mr. Biswaranjan Bhakat
Mr. Sailen Naskar
… For the State.
Mr. Biswajit Mukherjee
Mr. Sundar Gopal Bhattacharjee
… For the KMC
1. Pursuant to the order dated 24th September, 2026, the municipality has filed a report. In terms of the aforesaid report concerning 78 Bade Raipur Road, Ward No. 96, Assessee No. 210960101728, the nature of the premises is land and tank having combined area of 2 Bighas (40 Katha). The municipality has, however, failed to give any response as to whether the municipality is utilizing the petitioners’ property as a garbage dumping yard. It would transpire from the photographs annexed to the report that a hoarding has been put up at the locale, which is in the form of warning to the locale not to use the premises as garbage dump yard.
2. Having heard the learned advocates appearing for the respective parties and though the petitioners are interested in seeking demolition of the illegal inoperational park as also for an order upon the
2 WPA 25056 of 2026
respondents to change the nature and character of the assessment records from land and tank to land, I am of the view that there is no scope in this writ petition to allow such prayer at this stage. The municipality is, however, directed to ensure that no part or portion of the property being premises 78 Bade Raipur Road, Ward No. 96, having assessee no. 210960101728 is used or utilized as garbage dumping yard.
3. Insofar as the petitioners’ representation appearing at page 114 of the writ petition is concerned, I am of the view that the municipality must decide on the same by passing a reasoned order in accordance with law.
4. With the above observations and directions, the writ petition is disposed of.
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.)