WPA/2160/2024 of FARIDA BEGUM Vs STATE OF WEST BENGAL AND ORS.

13 10.03.2026 sayandeep Ct.3. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 2160 of 2024 Farida Begum Versus The State of West Bengal & Ors. Mr. Debapriya Majumder … For the petitioner Ms. Sonal Sinha Ms. Manisha Nath … For Kolkata Municipal Corporation 1. Alleging illegal construction at premises No. B/4/H/5/1 Convent Lane, Police Station – Entally, Kolkata – 700 015 previously known as (4/48, Convent Lane) and the failure on the part of the municipal authorities to take steps, the present writ petition has been filed. Since then the matter has been heard from time to time and by order dated 3 rd February, 2026, this Court was, inter alia, pleased to direct as follows: “1. Affidavits filed on behalf of the respondent nos. 3 and 4 are taken into consideration. 2. From the aforesaid affidavit s, it would transpire that only on 13 th January, 2026 an inspection has been carried out. From the affi davits it would also transpire that a three storied RCC frame structure is standing at premises no. B/4/H/5/1 Convent Lane, Police Station – Entally, Kolkata – 700 015. The same also records that the premises in question is found in the same status as that was detected during imposition of notice under Section 400(1) of the Kolkata Municipal Corporation Act, 1980. However, at this stage, since the learned advocate for the petitioner would 2 WPA 2160 of 2024 submit that construction at the locale is continuing, I am of the vie w that a further inspection should be carried out by the respondent no.6 within a period of seven days from date, upon notice and in presence of the petitioner , and file a detailed report with colour ed photographs of the site in question including the front elevation thereof. 3. Let such report be filed on or before the matter is taken up next. 4. In view thereof, let this matter stand over and appear under the same heading on 10th March, 2026. 5. The State is directed to ensure that no construction takes p lace at the locale until further order of this Court.” 2. Pursuant to the aforesaid order, the municipality has filed a report. Ms. Nath, learned advocate representing the municipality would submit that the above construction as noted in the report at the above premises is completely illegal without having any sanction from the municipal authorities. Accordingly , municipal authorities have already taken steps and initiated proceeding under Section 400(1) of the KMC Act, 1980 (hereinafter referred to as the said Act). 3. The report further records that the premises -in- question is in vacant condition and all further construction has stopped. 4. Considering the above, I am of the view, till such time, the decision is taken by the municipal authorities , in relation to the proceedings initiated under the said Act, both the municipal authorities and local police station shall ensure that the premises in question remains in a vacant condition and no further construction is carried out. The proceeding initiated by the municipal 3 WPA 2160 of 2024 authorities as aforesaid should be brought to a logical conclusion as expeditiously as possible preferably within a period of 4 weeks from the date of communication of this order. The construction that is standing in the above premises , shall abid e by the result of the decision to be taken by the municipal authorities in the above proceeding. 5. With the above observations and directions, the writ petition is disposed of. (Raja Basu Chowdhury, J.)