Vikash Pandey v. State Of West Bengal And ORS.

31.03.2026 DL-16 Ct. No. 03 Srimanta In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 9454 of 2025 Vikash Pandey -Vs.- The State of West Bengal & Ors.

Mr. Satya Prakash Shaw, Mr. Dev Kumar Sharma ...for the petitioner.

Ms. Kakali Samajpaty, Mr. Chandan Chakraborty ...for the State.

Mr. Mrityunjoy Chatterjee, Mr. Arindam Poali, Mr. Debarnab Adhikary ...for the respondent.

Mr. Sandipan Banerjee, Ms. Sonal Sinha, Mr. Sandipan Das ...for the Howrah Municipal Corporation.

1. The present writ petition has been filed, inter alia, complaining illegal construction at Holding No. 101, Bazal Para Lane also known as 101, Matrumal Lahia Lane, P.O.-Salkia, P.S.- Malipanchghora, Ward No. 4, Br. - 1, Howrah.

Pursuant to the order passed by this Court on 5th February, 2026 an inspection was carried out

WPA 9454 of 2025 on 10th February, 2026. The inspection revealed that there is a G+2 storied building which is for residential use. As per the records of the Corporation the construction is not a new construction and that the building is fully occupied though the same has no sanctioned building plan.

The learned Advocate representing the private respondent would, however, submit that the building is over 75 years old and has been constructed with the sanction of the municipality then prevailing. In support of his contention he has placed reliance on two separate sanctioned building plans issued by the Howrah Municipality on 2nd February, and 23rd March, 1959.

According to him, the construction are very old. Let copies of the sanctioned building plan as placed before this Court by the learned Advocate for the private respondent be taken on record.

2. Having regard to the disclosure, as aforesaid, and noting that the constructions are very old there is no scope for this Court to entertain the petition.

The petition accordingly stands rejected.

(Raja Basu Chowdhury, J.)