Arabinda Halder v. Dr Pallav Das The Chairman Rajpur Sonarpur Municipality

In the High Court at Calcutta 18-09-2025 Item no.191 Subrata Bhattacharyya AR(C) Special Civil Jurisdiction Appellate Side CPAN No.730 of 2024 Arabinda Halder -vsDr. Pallav Das arising out of WPA No.22158 of 2023 Mr. Mrinal Kanti Ghosh Mr. Chandra Nath Sarkar ...for the petitioner Mr. Mir Anuruzzaman ...for the contemnor 1.

The petitioner submits that despite detection of unauthorized construction, the Rajpur-Sonarpur Municipality has not taken steps to demolish the same.

2.

Learned counsel for the municipality relies upon a notification being No.137/UMDA-15011(99)/ 15/2025-LS-MA-SEC dated February 11, 2025 published by the Urban Development & Municipal Affairs Department, Government of West Bengal and submits that the private respondent who is the person responsible for making unauthorized construction has applied for regularization of the same. No decision has been taken by the municipality in response to the prayer for regularization till date.

3.

As it appears that the municipality is yet to pass any order of regularization, accordingly, the municipality ought to have taken necessary steps for demolition of the unauthorized construction that has been detected.

4.

It will be open for the petitioner to seek execution of the order of demolition before the competent forum in accordance with law, if so advised.

5.

The contempt application stands disposed of.

6.

All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

7.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]