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2025 Supreme(Online)(Cal) 576

CALCUTTA HIGH COURT
Justice Kausik Chanda, J
BINOD KUMAR GOEL – Appellant
Versus
SILIGURI MUNICIPAL CORPORATION AND ORS. – Respondent


Advocates:
Mr. Suresh Kumar Mitruka, Adv., Mr. Aayush Mitruka, Adv., Ms. Shruti Yadav, Adv., Mr. Rajat Das, Adv., Ms. Anumita Lahiri, Adv., Ms. Srijana Thapa, Adv., Mr. Deborshi Dhar, Adv.

Kausik Chanda, J.:-

The petitioner is a tenant in respect of a shop on the ground floor of a building at Naya Bazar, Siliguri, Darjeeling, under respondent nos.6 and 7. It is submitted that respondent nos. 6 and 7 have made an attempt to evict the petitioner by demolishing the building in collusion with the Siliguri Municipal Corporation by initiating a proceeding under Section 268 of the West Bengal Municipal Corporation Act, 2006 (in short, the Act of 2006).

2. The following key events, however, have led to the filing of the present petition:

3. On April 12, 2024, the Corporation issued an order addressed to the building’s owners, directing them to inspect and submit a report about the building‟s condition by April 29, 2024, failing which demolition order would be passed. This order was not directed to the petitioner.

4. The petitioner challenged the order by filing WPA No. 916 of 2024. A learned Judge of this Court, by an order dated April 29, 2024, directed that no final decision be made without hearing the petitioner.

5. Accordingly, on July 29, 2024, the Corporation issued an order declaring the building unfit for habitation, based on an alleged biased report. The order directed t

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