Calcutta High CourtWPA(P)/457/2024disposed

Md. Zaid v. The State Of West Bengal And ORS.

2025-03-27Hon'Ble Chief Justice Sujoy Paul,Hon'Ble Justice Chaitali Chatterjee (Das)2 pages

27.03.2025 Item No.25 PG/KS Ct. No.1 W.P.A.(P) 457 of 2024 Md. Zaid

Versus

The State of West Bengal & Ors.

Mr. Syed Nazmul Hossain Mr. Syed Raihamul Hossain Ms. Syeda Musharraf Sahin............for the petitioner Mr. Suman Ghosh Mr. Arka Mondal.........................for the State Mr. Vimal Kumar Shahi Mr. Gopal Chandra Das........for the Kolkata Municipal Corporation

1. This public interest writ petition has been filed pointing out that unauthorised constructions have been put up in various places. By order dated February 20, 2025, Kolkata Municipal Corporation was directed to file a report. Today, copy of the report has been handed over from which, it is seen that in respect of several premises, action has been taken. Against some of those premises, the Municipal Corporation has stated that demolition work will be done soon after taking police assistance from the local police station and in one or two premises, the hearing is going on.

2. In any event, the Municipal Corporation authorities having found the construction to be illegal, they have to be consistent in their action and take the entire matter to the logical end so that the illegality is completely abated.

3. In the light of the stand taken by the Kolkata Municipal Corporation, we direct the Municipal Corporation authorities to proceed further with the demolition orders, which have already been passed and if the hearing is going on in respect of certain premises, the hearing should be concluded expeditiously but preferably within a period of four weeks from the date of receipt of server copy of this order and thereafter order shall be passed in accordance with law after notice to all concerned.

4. Wherever police assistance is required to carry out the demolition process, requisition should be made to the Deputy Commissioner of Police (South Division), Kolkata Police and if such requisition is made by the Kolkata Municipal Corporation, the Deputy Commissioner of Police of the concerned area shall deploy adequate police force so as to implement the orders passed by the Kolkata Municipal Corporation.

5. With the aforesaid directions, the writ petition is disposed of.

6. No costs.

7. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (CHAITALI CHATTERJEE (DAS), J.)