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IN THE HIGH COURT AT CALCUTTA
Raja Basu Chowdhury
Saba Reyaz – Appellant
Versus
Kolkata Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. claim of residents about demolition notice. (Para 4 , 5) |
| 2. challenge against order under section 400(8). (Para 6 , 7) |
| 3. history of the case involving multiple petitions. (Para 8 , 10) |
| 4. decision on unauthorized construction and regulatory actions. (Para 9 , 11 , 12) |
| 5. writ petition dismissal and costs imposed. (Para 13 , 14 , 15) |
JUDGMENT :
Raja Basu Chowdhury, J.
1. Affidavit of service filed on behalf of the petitioners is taken on record.
2. The present writ petition was filed citing extreme urgency upon obtaining leave for short service on 9th December, 2025. After the matter was listed on 17th December, 2025 since it was represented on behalf of the petitioners that the petitioner no.1 does not wish to continue with the writ petition, accordingly this Court by order of even date directed the name of the writ petitioner no.1 be expunged from the array of the parties to the writ petition.
3. Today the matter has come up for consideration.
4. The petitioners claim to be occupants and/or residents of the premises no.151, Rabindra Sarani, Ward No.42, Police Station – Burrabazar, Borough-V, Kolkata – 700073. According to the petitioners, they have been residing in the s
The court upheld the principle that extraordinary writ petitions cannot override directives from a higher judicial authority, particularly concerning enforcement of demolition orders under municipal ....
Unauthorized construction cannot be legitimized by the passage of time, and demolition orders will be upheld when appropriate legal processes are followed.
Unauthorized constructions cannot be protected by injunctions, as they undermine statutory duties of municipal authorities.
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