Kanika Constructions Pvt. Ltd. v. Howrah Zilla Parishad And ORS

May 5, 2026

(55) ARDR WPA 23836 of 2025 Kanika Constructions Pvt. Ltd.

Vs.

Howrah Zilla Parishad & ors.

Adv. Sunny Nandy, Adv. Anand Jha, Adv. Rajib Maity, Adv. Yamini Tiwari, Adv. Manmohan Singh Roop Ray, ...for the petitioner.

Adv. Oindrila Ghosal (VC), ...for the respondent nos.3 & 4.

Affidavit of service filed by the petitioner is taken on record.

The State and the Zilla Parishad are not represented despite service.

Alleging unauthorised construction by some individuals, the petitioner submitted a representation before the concerned authority for demolition of the same. Since the representation was not considered, the petitioner approached this Court in WPA 14723 of 2024. By an order passed on 21st May, 2025 a coordinate Bench of this Court directed the Pradhan, Duila Gram Panchayat to consider and dispose of the representation by adopting certain procedure within a stipulated time frame. Pursuant to such order, the Pradhan, Duila Gram Panchayat by an order passed on 2nd July, 2025 directed demolition of the unauthorised and illegal construction in the plot in question within fifteen days from the date of order. The order also records that failure to comply with the said order

would compel the appropriate authority to initiate demolition proceeding under the law.

Learned counsels for the petitioner as well as the Panchayat submit that several attempts have been made by the Panchayat to demolish the unauthorised construction. Construction could not be demolished due to stiff resistance. The order cannot be implemented without police assistance.

In view of the fact that an order of demolition has been passed by the concerned authority pursuant to an order passed by this Court and also since the said order cannot be implemented without police assistance, the officer in charge, Sankrail police station, being the 8th respondent herein, is directed to render all possible assistance to the Pradhan Duila Gram Panchayat, being the 4th respondent herein, for implementation of the order passed by the 4th respondent on 2nd July, 2025. The entire exercise should be completed within four weeks from the date of communication of this order.

The writ petition is accordingly disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)