Safikul Islam Molla v. Kolkata Municipal Corporation And ORS

OD- 3

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/714/2025 SAFIKUL ISLAM MOLLA VS KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE

THE HON'BLE JUSTICE RAJA BASU CHOWDHURY Date: 27th January, 2026 Appearance:

Mr. Rajdeep Mantha, Adv.

Mr. Amartya Basu, Adv.

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

Mrs.Sima Chakraborty, Adv.

Ms. Susmita Chatterjee, Adv.

....for the KMC Mr. Indrajit Bhattacharyya, Adv.

Mr. Sudip Naskar, Adv.

...for the private respondent nos.7 & 8

1. This writ petition has been filed complaining of illegal construction by the respondent nos.7 and 8 at premises no.R-183/B, S.A. Farooque Road, Police Station Metiaburz, Kolkata - 700 024.

2. Although the municipal authorities had filed a report and claimed that the structure is illegal and the person responsible could not produce valid documents or a sanction plan and the learned Advocate representing the respondent no.7 and 8 had submitted that the instant writ petition is only a counterblast to the steps taken by the private respondents against the writ petitioner and having sought for an accommodation to produce the relevant documents, this Court had adjourned the matter so as to enable the private respondents to disclose relevant documents including the sanction plan to contest the case of illegal construction.

3. Today, the learned advocate representing the respondent no. 7 and 8 would submit that he is unable to place any sanction building plan before this Court.

4. Having regard to the peculiar facts of this case and report filed by the municipal authorities on 28th November, 2025, I am of the view that the municipal authorities should take appropriate steps in accordance with law.

5. At this stage, since learned Advocate for the municipality would submit that the matter has been placed before the Special Officer (Building) for hearing, I am of the view that the proceeding so initiated by the municipal authorities pertaining to illegal construction in respect of the above premises be brought to a logical conclusion at the earliest but not later than 8 weeks from the date of communication of this order.

6. With the above observation, the writ petition stands disposed of. (RAJA BASU CHOWDHURY, J.) akg/