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2025 Supreme(Online)(Cal) 1440

CALCUTTA HIGH COURT
SOUMITRA MODI AND ANR. – Appellant
Versus
THE STATE OF WEST BENGAL AND ORS. – Respondent


30.04.2025 Sl. No. 10 Ct No. 3 SG WPA 6143 of 2025 Soumitra Modi & Anr.

Vs The State of West Bengal & Ors.

Mr. Sabyasachi Chatterjee, Mr. Badrul Karim, Mr. Aritra Ghosh.

… … for the petitioners Mr. Sandipan Banerjee Mr. Ankit Sureka. … … for the HMC Mr. S.D. Sengupta, Ms. S.B Mallick, Mr. D. Barman.

… … for respondent nos. 5 & 6

1. Affidavit-of-service filed in Court today is taken on record.

2. This writ petition has been filed by the petitioners seeking various reliefs in respect of a flat allegedly purchased by them on the third floor of a four-storied building situated at premises no. 5/8/2, Kaliprasad Chakraborty Lane, P.O. Kadamtala, P.S. Bantra, Howrah – 711101. The petitioners claim to have purchased the said flat from Joy Maa Tara, a proprietorship firm owned by respondent no. 5, based on a sanctioned plan allegedly issued by the respondent-municipality. However, the sanctioned plan was obtained only for the construction of a ground +

partially the one storied building. Despite this, respondent no. 5 proceeded to construct a G+4 storied building, thereby indulging in unauthorized construction.

3. In view of the unauthorized construction, the respondent-municipality issued a demol

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