Amit Basu vs The Kolkata Municipal Corporation & Ors on 22 July, 2026

    0
    3
    ADVERTISEMENT

    Calcutta High Court

    Amit Basu vs The Kolkata Municipal Corporation & Ors on 22 July, 2026

    OD-03-05
                       IN THE HIGH COURT AT CALCUTTA
                     ORDINARY ORIGINAL CIVIL JURISDICTION
    
    
                                IA No: GA/1/2026
                                 WPO/751/2025
                                    Amit Basu
                                      Versus
                     The Kolkata Municipal Corporation & Ors.
                                            And
                                IA No: GA/2/2026
                                 WPO/751/2025
                                    Amit Basu
                                      Versus
                     The Kolkata Municipal Corporation & Ors.
                                            And
                                IA No: GA/3/2026
                                 WPO/751/2025
                                    Amit Basu
                                      Versus
                     The Kolkata Municipal Corporation & Ors.
    
    
    Before:
    The Hon'ble Justice RAJA BASU CHOWDHURY
    Date: 22nd July 2026
    
                                                                         Appearance:
                                                        Mr. Jaydip Kar, Sr. Advocate
                                                       Ms. Piyali Sengupta, Advocate
                                                          Ms. Jhoti Rauth, Advocate
                                                        Ms. Nafisa Yasmin, Advocate
                                                                    for the petitioner
                                                    Mr. Srijib Chakaborty, Advocate
                                                    Mr. Chhandak Dutta, Advocate
                                                                   for the applicant
                                                  Mr. Gopal Chandra Das, Advocate
                                                                     for the KMC
                                             Mr. Biswaroop Bhattacharyya, Advocate
                                                        Mr. Bratin Kr. Dey, Advocate
                                                      Mr. Anjana Banerjee, Advocate
                                                  Mr. Subhankar Banerjee, Advocate
                                                       for the respondent nos. 11-13
    
    
    1.   Challenging the order dated 4th August 2025 passed by the
    
         Executive    Engineer   (Civil),    Borough   -   I,   Kolkata   Municipal
                                        2
    
    Corporation, the instant writ petition was filed. When the matter
    
    was taken for consideration on 11th December 2025 this Court was
    
    pleased to pass the following order:
    
         1. Challenging the order dated 4th August, 2025 passed by the Executive
            Engineer (Civil), Building Department, Borough-1, the instant writ
            petition has been filed.
         2. The matter has a chequered history. The petitioner is the owner of
            premises nos.16/1A and 16/1B, Nandalal Bose Lane, Kolkata -
            700003 (herein referred to as the 'said property') which was originally
            owned by one Shibendra Nath Basu. According to the petitioner, the
            said Shibendra Nath Basu had transferred the aforesaid property to a
            trust by two indentures of trust dated 15th June 1968 and 3rd July
            1974. The said Shibendra Nath Basu as settler and his wife Anima
            Basu were trustees of the said trust. On the death of the settler and
            his wife, the trust came to an end and the property vested in the
            petitioner, who is the sole beneficiary under the trust. The said
            property comprises of 11 cottahs and 4 chittacks 24 sq. ft. and 11
            cottahs and 7 chittacks 17 sq. ft. of land pertaining to premises
            nos.16/1A and 16/1B, Nandalal Bose Lane, Kolkata - 700003
            respectively. According to the petitioner, the said property comprised
            of pucca and kaccha structures which were constructed by the
            owners.
         3. The petitioner claims that the Thika Controller and the respondent
            no.1 wrongfully by treating the said property to be governed by the
            provisions of West Bengal Thika Tenancy (Acquisition and Regulation)
            Act, 2001 (hereinafter referred to as 'Thika Tenancy Act') had mutated
            the name of Nandalal Bose Lane and the names of Kanhailal Das and
            Bijay Krishna Roy and also renumbered as B/16/1A/H/2 and
            B/16/1B/H/2, Kolkata, without notice to the petitioner.
         4. The petitioner having come to learn with regard to the aforesaid had
            challenged such recording. Ultimately, by a judgment and order dated
            14th March, 2024 passed by the Division Bench of this court, the order
            passed by the West Bengal Land Reforms and Tenancy Tribunal,
            which held that the said property is governed by the provisions of the
            Thika Tenancy Act was set aside. Though, a special leave to appeal is
                                   3
    
       pending consideration before the Hon'ble Supreme Court, according to
       the petitioner, there is no interim order subsisting in such matter.
    5. The petitioner contends that the private respondents without the
       notice and consent of the petitioner started illegally constructing on
       the said property without any sanctioned building plan. Since the
       construction had commenced without any sanction plan, on the basis
       of a complaint lodged by the petitioner, the municipality had issued a
       notice on 10th October, 2013, under Section 401 of the Kolkata
       Municipal Corporation Act, 1980 (hereinafter referred to as 'the said
       Act'). Upon receiving such notice, the private respondents had made
       an application for regularizing the aforesaid construction. Records
       would reveal that the private respondents, behind the back of the
       petitioner had moved a writ petition which was registered as WPO
       No.1344 of     2023 (Surajit Biswas vs. The Kolkata Municipal
       Corporation), inter alia, in effect, questioning the notice issued under
       Section 401 of the said Act on the ground that only minor repair work
       was going on, when the above notice was issued. The coordinate
       bench of this Court, by an order dated 3rd July, 2023, taking note of
       the above and in absence of any other disclosure being made by the
       private respondents, was of the view that the Executive Engineer of
       the concerned Borough should take consequential steps in the matter
       after issuance of the notice under Section 401 to deal with the
       unauthorized construction that had been detected in the subject
       premises. However, it was also provided that the respondents may
       initiate proceedings in accordance with law and conclude the same
       after giving opportunity of hearing to all necessary parties. By such
       order, it was made clear that if there is no unauthorized construction,
       in that event the person responsible shall be permitted to conclude the
       construction that is going on. With the above observations, the writ
       petition stood disposed of.
    6. The petitioner was, however, not put on notice and was completely
       unaware with regard to the aforesaid until the time hereinafter
       mentioned.
    7. In the interregnum, since an illegal construction was going on at the
       aforesaid property, the petitioner had moved a writ petition which
       was registered as WPO 247 of 2025. By an order dated 26 th June
       2025, a Coordinate Bench of this Court, taking note of the case made
                                 4
    
    out by the petitioner that a multi-storeyed building has been
    constructed unauthorizedly, directed the municipality to decide on the
    petitioner's representation/complaint dated 5 th February, 2025 in
    accordance with law. Pursuant to the aforesaid, the Executive
    Engineer (Civil),    Building Department Borough 1, upon giving
    opportunity of hearing to the parties including the petitioner and the
    private respondents, had observed, inter alia, as follows:-
    
             "Whereas from the record in respect of the premises no 16/1B,
             Nandalal Bose Lane, renumbered as 8/16/18/H/2, Nandalal
             Bose Lane, Kolkatu-700003, Ward No: 007, Borough-I of KMC,
             it is noted that, this is a case of unauthorized construction
             without any sanction plan from KMC. Inspected the aforesaid
             premises by this department on 10.05.2023 & found that
             construction of R.C.C. column at ground floor is going on
             without taking sanctioned/permission from KMC. To stop
             progress of unauthorized construction, Notice U/S 401 of KMC
             Act 1980 was issued upon P/R and Police Intimation was sent
             to the Shyampukur PS on 10.05.2023
             Subsequently the matter was placed before higher authority of
             KMC and accordingly it was ordered to demolish the entire
             unauthorized construction U/S 400(8) of KMC Act 1980.
             But during attempting of demolition program on 30.06.2023
             someone produce a letter from Amit Gupta, Advocate along
             with order passed by Ld. Judge, Bench X, City Civil Court,
             Calcutta dated 10.11 2022 vide TS No. 2325 of 2022 where it
             ordered that "therefore, considering the urgency, there will be
             nothing impediment in allowing the interim relief as sought for
             on behalf of the Plaintiff Petitioner for passing an order of
             status quo in respect of the suit property as described in the
             schedule of the plaint as well in the Schedule of Application for
             injunction under order 39 rule 1 & 2 of the CPC as filled by the
             Plaintiff Petitioner, so far nature, character and possession are
             concerned, as on this date
             Accordingly, same is allowed in favour of the Plaintiff Petitioner
             and such relief remains effective till the next date.
             The said ad interim order dated 10.11.2022 has extended till
             14.08.2023 by order of Ld. Judge, Bench X, City Civil Court,
             Calcutta dated 15.03.2023. Accordingly as per the said order
             vide T.S No. 2325 of 2022 the demolition programme at above
                             5
    
    mentioned premises was postponed and the matter was been
    kept in abeyance.
    Also in the meantime P/R Sri Surajit Biswas filed a writ before
    Hon'ble High Court at Calcutta vide WPO No. 1344 of 2023 and
    accordingly the Hon'ble Court pleased to pass an order on
    03.07.2023          directing    "...the    Executive        Engineer     of   the
    concerned Borough is directed to take further consequential
    steps in the matter after issuance of the notice under Section
    401 to deal with any unauthorized construction that has been
    detected at the subject premises
    The    aforesaid       respondent          may    initiate    proceedings      on
    accordance with law and conclude the same after giving a
    reasonable opportunity of              hearing to all the necessary
    parties....."
    
    As per said order passed by Hon'ble High Court at Calcutta
    dated 03.07.2023 a hearing was taken on 15.07.2023 by the
    Executive Engineer(C) with prior intimation to all the parties.
    During hearing Sri Surajit Biswas (petitioner) was present and
    submitted       a     prayer     letter     regarding        regularization     of
    unauthorized construction with necessary fees & Charges.
    Accordingly in the line of order passed by Hon'ble High Court
    at Calcutta dated 03.07.2023 and subsequently considering
    the prayer letter of Sri Surajit Biswas (petitioner) dated
    15.07.2023 the Executive Engineer (C) ordered to process the
    matter U/S 400(1) of KMC Act 1980 read with office circular no.
    16    of   2021-2022        of    Director       General     (Building)    dated
    02.03.2022.
    During further inspection on 26.07.2023 in the aforesaid
    premises it is found that the P/R(s) have resumed the
    construction work defying the Stop Work Notice U/S 401 of
    KMC Act 1980 dated 10.05.2023 by construction of R.C.C. slab
    at ground, 1 & 2nd floor roof level supported by R.C.C. column
    along with brick wall. To stop further progress of unauthorized
    construction FIR u/s 401A of KMC Act 1980 was lodged
    against P/R on 26.07.2023.
    
    As per order of Executive Engineer(C)/Building/Br-1 notice U/S
    400(1) of KMC Act 1980 along with Preci and demand notice for
    50% security deposit as per circular 16 of 2021-22 of DG (B)
                                    6
    
                dated 02.03.2022 has issued upon P/R and accordingly the
                P/R has deposited the same.
                The matter is in the process for hearing before Special Officer
                (Building), u/s 400(1) of KMC Act 1980.
                                                 ORDER
    

    Considering the above submission and the fact arising out
    during hearing, it is ordered that, as the matter is pending for
    hearing before Special Officer (Building), u/s 400(1) of KMC Act
    1980 for conclusion. We may abide by the decision of the order
    of Special Officer (Building).

    With this order the matter stands disposed of.

    SPONSORED

    Let this order be communicated to all the parties.”

    8. It is from the aforesaid proceeding and the order that the petitioner
    has come to learn with regard to the factum of the previous writ
    petition being moved by the private respondents, as also with regard
    to the factum of the private respondents being called upon to deposit
    certain sums towards security deposit for regularization of the
    unauthorized construction.

    9. Mr. Kar, learned Senior Advocate representing the petitioner would
    submit that private respondent by practicing fraud on Court as also on
    the petitioner including the municipality at the first instance, had
    moved the writ petition behind the petitioner’s back and obtained the
    order dated 3rd July, 2023.

    10. This court was never made aware that the entire construction was
    illegal and that there was a subsisting order under section 400(8) of
    the said Act when the order dated 3rd July, 2023 was passed.
    According to Mr. Kar, the municipality has permitted the illegal
    construction to continue and today, five storied structure is standing
    on the said property.

    11. Mr. Banerjee, learned advocate appears for the municipality. He is,
    however, unable to enlighten this Court as to whether any order
    regularizing the aforesaid illegal construction has been passed.

    12. The private respondents are represented. In response to a query from
    the Court, the learned advocate representing the private respondents
    would submit that the private respondents have acquired interest in
    respect of the structure which was in existence by virtue of a deed of
    gift dated 21st April 1989. He has also placed before this Court the
    7

    receipt issued by the Kolkata Municipal Corporation to demonstrate
    that in compliance of the directions passed by the municipal authority,
    the private respondents had already put in the security deposit and
    other charges for regularization of the unauthorized construction. Let
    copies of the above documents be taken on record.

    13. Heard the learned advocates appearing for the respective parties.
    Prima facie, I find that the private respondents are not the owner of
    the property in question, however, the claim of the private
    respondents is in relation to a particular structure which admittedly
    even on the own saying of the private respondents is no longer in
    existence since, a new structure has come up. It is also an admitted
    position that the new construction that has come up at the said
    property is illegal as does not have the sanction of the municipal
    authorities and has been constructed on the teeth of a notice issued
    under section 401 as also of an order passed under section 400(8) of
    the said Act. I find from the order passed by the co-ordinate Bench
    dated 3rd July, 2023 that the co-ordinate Bench had only permitted
    continuation of construction provided there was no unauthorized
    construction in the said premises. Thus, the said order read with the
    observations made by the Executive Engineer as appearing at internal
    page 4 of the order dated 4th August, 2025 would in no uncertain
    terms indicate that at the time of inspection by the department on 10 th
    May, 2023, the construction that was noted, was of on RCC column at
    the ground floor of the said property. Obviously, even at that stage,
    the municipal authorities were certain that there was no sanction plan
    and, as such, in terms of the directive issued by the co-ordinate Bench
    dated 3rd July, 2023, the municipal authorities ought not to have
    permitted the person responsible to continue with further construction.
    The construction that has come up is on the teeth of the order
    restraining further illegal construction at least the same is apparent
    from the orders passed by this Court and the order dated 4 th August,
    2025.

    14. Having regard thereto, and noting from the parties that the building is
    yet to be completed and only super structure is complete, I am of the
    view that at this stage, the municipal authorities should not permit
    any further construction in the said premises and that none should
    occupy the said property without express leave of this Court. The
    8

    concerned Executive Engineer, Borough-1 is directed to inspect the
    said property. The municipal authority shall carry out inspection upon
    prior notice to the learned Advocates-on-record of the respective
    parties who shall also be entitled to accompany the Executive
    Engineer.

    15. The executive engineer shall take photographs of the building from all
    corners and prepare a detailed inventory. Let such report be filed
    before this Court on or before the matter is taken up next.

    16. If a requisition is made by the municipal authorities for police
    assistance, the officer-in-charge of the local police station shall
    provide necessary adequate assistance.

    17. It is, however, made clear that pending disposal of the writ petition,
    no decision should be taken by the authority to regularize the illegal
    construction.

    18. The interim order shall continue till the end of January, 2026 or until
    further orders whichever is earlier.

    19. List this matter in the month list of January, 2026.

    2. Pursuant to the aforesaid order, the municipality had carried out

    inspection at premises no.B/16/IB/H/2, Nandalal Bose Lane, Ward

    – 7, Kolkata, Borough – I, incidentally the inventory report filed by

    the municipality showed that the building had been completed and

    24 flats had been constructed. Out of the aforesaid flats, save and

    except four flats being flat nos.A3, A4, A6 and D2, all other flats are

    shown to be occupied.

    3. Noting from the submissions made by the learned advocate

    representing the municipality that no occupancy certificate had

    been issued as yet, this Court had directed the municipality to take

    appropriate steps by issuing notices on the persons who are

    occupying the flats, as detailed in the inspection/inventory report,

    disclosing their authority to occupy the flats without the occupancy

    certificate.

    9

    4. Since then, there has been further development in the matter. Not

    only some occupiers in the premises in question have approached

    this Court by filing intervention application, the municipality has

    also proceeded in the matter in terms of the order passed by the

    coordinate Bench on 3rd July 2023 in WPO/1344/2023 and upon

    hearing the occupants had passed an order on 11 th March 2026.

    The petitioner has brought the aforesaid fact to the notice of this

    Court by filing a supplementary affidavit.

    5. Having regard to the disclosure made and noting from the

    submissions of some of the occupiers who are applicants that an

    appeal has been filed before the municipality Building Tribunal from

    the order passed by the Special Officer (Building) dated 11 th March

    2026 in demolition case no.016-B/I/23-24 in respect of the

    premises no. B/16/IB/H/2, Nandalal Bose Lane, Ward – 7, Kolkata,

    Borough – I and that such appeal is yet to be admitted, having

    regard to the delay involved, I am of the view that nothing survives

    in the writ petition.

    6. The writ petition is accordingly disposed of.

    7. The applications being IA No.GA/1/2026, IA No.GA/2/2026 IA

    No.GA/3/2026 are also disposed of.

    (RAJA BASU CHOWDHURY, J.)

    R. Bose



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here