Amar Khati v. Kolkata Municipal Corporation And ORS

OD- 2

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/686/2025 AMAR KHATI VS KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE

THE HON'BLE JUSTICE RAJA BASU CHOWDHURY Date: 23rd December, 2025 Appearance:

Mr. Rajdeep Mantha. Adv.

Ms. Amartya Basu, Adv.

....for the petitioner Mr. Srijan Nayak, Adv.

Mr. Rituparna Maitra, Adv.

....for the KMC Ms. Sipra Mazumdar, Adv.

Ms. Somashree Dey, Adv.

...for the State

1. Pursuant to the order dated 18th November, 2025, a report filed by the Kolkata Municipal Corporation is taken on record.

2. Noting from the report that the municipal authorities have already taken steps in respect of the unauthorised construction and have issued not only stop work notice dated 13th January, 2025 under Section 401 of the Kolkata Municipal Corporation Act, 1980 (hereinafter referred to as 'the said Act') but also F.I.R. under Section 401(A) of the said Act has been lodged, and have subsequently taken steps to carry out demolition programme under Section 400(8) of the said Act, which has been received the approval of the MIC, though from the report it is not very clear what has happened after 23rd September, 2025, I am of the view that the municipal authorities should take immediate steps and bring the proceedings initiated by them to a conclusion by giving effect to its order as expeditiously as possible preferably within a period of 12 weeks from the

date of communication of this order, unless there is any other impediment in implementing the same.

3. The municipal authorities are also directed to file a detailed report before the Registrar, Original Side immediately after the expiry of the period provided for, conclusion of the proceeding vide the above order.

4. The writ petition is, accordingly, disposed of. (RAJA BASU CHOWDHURY, J.) akg/