Nilima Basu v. State Of West Bengal And ORS.

09. 24.11.2025 Court No.03.

(Pritam) WPA 1052 of 2024.

Nilima Basu.

-Vs.- The State of West Bengal & Ors.

Mr. Asit Kumar Bhattacharya.

....for the petitioner.

Mr. Sirsanya Bandyopadhyay, Mr. Arka Kr. Nag, Mr. Tirthankar Dey.

...for the BMC.

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

2. The petitioner would complain that an illegal unauthorized construction is being carried out by the private respondent no.5 on the land situated at Mouza-Krishnapur, R.S. Khatian No.1597 and 1490 under R.S. Dag No.4680 and 4429 within Electronics Complex Police Station in Ward No.28 under Bidhannagar Municipal Corporation. A complaint in this regard was also lodged by the petitioner on 29th December, 2023.

3. Heard the learned advocates appearing for the respective parties, I find that Mr. Nag, learned advocate appearing for the municipality would submit that the Commissioner of the concerned

municipality is the only competent authority to decide on the question of illegal construction.

4. In the instant case since the complaint has only been addressed to the Mayor, Bidhannagar Municipality, I am of the view that this writ petition should be disposed of upon granting liberty to the petitioner to make appropriate representations before the Commissioner, Bidhannagar Municipal Corporation. If such representation is made within a period of 4 weeks from date, the appropriate authority shall hear out such representation upon notice to all interested parties as expeditiously as possible, preferably within a period of 6 weeks from the date filing of the same, in accordance with law.

5. Needless to note that if any illegal construction is noticed, the concerned authorities shall take appropriate steps to arrest and demolish such unauthorized construction.

6. With the above observations, the writ petition stands disposed of.

(Raja Basu Chowdhury, J.)