Abhijit Bhanja And ORS. v. Kolkat Municipal Corporation And ORS.

79. 24.11.2025 Court No.03.

(M/L) (Pritam) WPA 916 of 2024.

Abhijit Bhanja & Ors.

-Vs.- Kolkata Municipal Corporation & Ors.

Mr. Purnasish Gupta, Mr. Jayanta Kumar Mukhopadhyay.

....for the petitioners.

Ms. Kakali Samajpaty, Ms. Kalpita Paul.

...for the State.

Ms. Sima Chakraborty, Mr. Nilanjan Chatterjee.

....for the KMC.

1. Affidavit-of-service filed in Court today is taken on record.

2. Learned advocate for the petitioners would submit that in compliance of the order dated 10th November, 2025, service has been duly effected on the private respondents. From the report filed in Court today by the municipal authorities, it would transpire that certain unauthorized construction has been made on the first floor of the Block-A beyond the sanctioned building plan in respect of the premises no.108 Raja S.C. Mullick Road, Kolkata-700 047.

3. According to the learned advocate for the municipality, the issue of the unauthorized construction, is at present pending before the Special

Officer, Building Department and the next date of hearing is fixed on 18th November, 2025.

4. Considering the fact that the matter is pending for further consideration before the Special Officer, Building, I am of the view that no fruitful purpose would be served in keeping the matter pending.

5. The instant petition accordingly stands disposed of with an observation from this Court that the Special Officer, Building shall conclude the proceeding as expeditiously as possible, preferably within a period of six weeks from the date of communication of this order upon giving an opportunity of hearing to all interested parties by passing a reasoned order.

6. Needless to note that if Special Officer, Building passes an order of demolition, then the municipal authorities must be carry out the same within six weeks from such order subject to the rights of the private respondents, if any.

7. Insofar as the permission for installation of the lift is concerned, I am of the view that in the event the petitioners produce all relevant documents before the municipal authorities, the municipal authorities shall on the basis thereof, accord permission to the petitioners in accordance with law.

8. The writ petition thus stands disposed of. (Raja Basu Chowdhury, J.)