Bhabani Sen And ANR v. Dhaval Jain, Ias, The Commissioner, Kmc And ORS

22.05.2026 Ct. No.36 Sl. 3 SG C. P. A. N. 207 of 2026 in W. P. A. 591 of 2025 [Smt. Bhabani Sen & Anr. Vs- Shri Dhaval Jain, IAS, The Commissioner, The Kolkata Municipal Corporation & Ors.] Ms. Ipsita Ghosh ... for the petitioner Mr. Debjit Mukherjee Ms. Susmita Chataterjee ... for the KMC

1. The present contempt petition arises out of the alleged non-compliance with the order dated 30.04.2025. By virtue of the said order, this Court had directed that the building plan be sanctioned upon the petitioners furnishing all relevant documents in support of their application within a period of four weeks therefrom. The respondentKolkata Municipal Corporation ("KMC") was further directed to take a reasoned decision upon the petitioners' application for sanction of the building plan within six weeks thereafter.

2. Learned Counsel appearing on behalf of the respondent-KMC submits that, as of date, the petitioners have failed to furnish all relevant documents, more particularly the No Objection Certificate ("NOC") from the Kolkata Metropolitan Development Authority ("KMDA"). It is further submitted that the NOC certificate previously produced by the petitioners was found to be false and fabricated, and that the KMDA itself, vide its

letter dated 17.03.2025, had formally communicated to the KMC that the said certificate was false and fabricated.

3. Having regard to the aforesaid, this Court is of the considered opinion that the present contempt petition is not maintainable, inasmuch as the petitioners have themselves failed to comply with the antecedent directions issued by this Court. In the absence of such compliance on the part of the petitioners, no case of wilful disobedience or contempt is made out against the respondent-KMC.

4. Accordingly, the present contempt petition stands dismissed.

(Gaurang Kanth, J.)