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Calcutta High CourtWPO/614/2025dismissed

Subrsta Seal v. The Kolkata Municipal Corporation And ORS

2025-11-13Hon'Ble Justice Raja Basu Chowdhury2 pages

OD-19 WPO/614/2025 THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Subrata Seal

Versus

The Kolkata Municipal Corporation & Ors.

Before:

The Hon'ble JUSTICE RAJA BASU CHOWDHURY Date: 13th November 2025 Appearance:

Mr. Raghunath Chakraborty, Advocate Mr. Supratick Shyamal, Advocate Ms. Manisha Nath, Advocate Mrs. Sonali Sengupta, Advocate for the petitioner Mr. Sandipan Banerjee, Advocate Ms. Tanushree Sengupta, Advocate for the KMC Mr. Jit Ray, Advocate Mr. Aharnish Ghosh, Advocate for the respondent no.7 Ms. Dipanwita Ganguly, Advocate for the State The Court: 1. The present writ petition has been filed, inter alia, praying for a direction upon the municipal authorities to inspect the premises no.8, Gangadharbabu Lane, P.S. Bowbazar, Kolkata - 7000012 and to stop the unauthorised construction carrying on thereat.

2. Mr. Banerjee, learned advocate representing the municipal authorities has placed before this Court a report dated 4th November 2025 countersigned by the Special Assistant Engineer (Building), Assistant Engineer (Building) and Executive Engineer (Building) of the

Kolkata Municipal Corporation. The report would demonstrate that the Kolkata Municipal Corporation, Building Department, Borough - IV has accorded a sanction plan for construction of three-storied residential building under section 393 of the Kolkata Municipal Corporation Act, 1980 read with Rule 142 of the Kolkata Corporation Building Rule, 2009 vide B.P. No. 2024060039 dated 28th December 2024. The report would further demonstrate that the Department has inspected the property in question and found no external deviation or unauthorised construction. Let a copy of the report be taken on record.

3. Having regard to the above and noting that a building plan has been sanctioned in respect of the premises no. 8, Gangadharbabu Lane, P.S. Bowbazar, Kolkata - 7000012, I am of the view that there is no scope of issuing any further direction upon the municipal authorities at this stage.

The writ petition accordingly stands dismissed. (RAJA BASU CHOWDHURY, J.) R. Bose