Anjali Saha @ Anjali Bala Saha v. State Of West Bengal And ORS.

22.12.2025 sayandeep Sl. No. 10 Ct. No. 03 Smt. Anjali Saha @ Anjali Bala Saha Vs.

State of West Bengal & ors.

Mr. Purbangshu Chandra Mitra Mrs. Piyali Mitra Ms. Mahasweta Mukherjee Ms. Rantika Gayen Mr. Rajdeep Mukherjee Mr. Somnath Mal .... For the Petitioner Mr. Biswajit Mukherjee Ms. Gulnaz Quraishi .... for the KMC Mr. Gourav Das ...... for the State

1. The affidavit-of-service filed in Court today be taken on record.

2. The writ petition has been filed, inter alia, praying for a direction upon the municipality to demolish unauthorized construction at premises No. 14/22, Naskar Para, P.O. & P.S.- Bansdroni, South 24 parganas.

3. Despite service, the respondents are not represented.

4. Taking into consideration the peculiar state of affairs, I direct Mr. Mukherjee, learned advocate who usually appears on behalf of the KMC and Ms. Gulnaz Quraishi, learned advocate who also

appears on behalf of the KMC to represent the KMC and to assist Mr. Mukherjee in the matter.

5. Accordingly, the matter is taken up for consideration. .

6. Noting that the petitioner would complain that an illegal and unauthorized construction has come up at premises No. 14/22, Naskar Para, P.O. & P.S.- Bansdroni, South 24 parganas which is adjacent to the petitioner's premises and also noting that representations have been made by the petitioner before the municipal authorities, I am of the view that municipal authorities must carry out an inspection of the premises in question upon notice to the interested parties. For the time being, the petitioner may only be notified and may not be invited for the inspection though the report thereof must be supplied to the petitioner. On the basis of such inspection, if the municipality is of the view that any illegal construction has commenced, appropriate steps must be taken by the municipal authorities under Section 400(1) of the KMC Act, 1980 in accordance with law. It is expected that the municipal authorities shall carry out an inspection and take a decision in that regard within a period of 8 weeks from the date of communication of this order by passing

a reasoned order after affording opportunity of hearing to the parties.

7. With the above observations and directions, the writ petition is disposed of.

8. Since no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

(Raja Basu Chowdhury, J.)