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IN THE HIGH COURT AT CALCUTTA
Raja Basu Chowdhury
Saba Reyaz – Appellant
Versus
Kolkata Municipal Corporation – Respondent
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 said premises as beneficiaries of the Wakf for a long time for over 100 years. It is also the petitioners’ case that on 31st October, 2012, the Joint Mutwallies of Hafiz Jamaluddin Wakf Estate had executed several agreements with the petitioners in order to demolish the existing structure and to raise a construction in accordance with the approval g
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.
A structure without a sanctioned plan is unauthorized, irrespective of its age; such constructions cannot gain legality from their longevity.
The court affirmed the right of the petitioners to rehabilitate after the demolition, balancing public safety with their occupancy claims as per the Kolkata Municipal Corporation Act.
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