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2025 Supreme(Online)(Cal) 1969

CALCUTTA HIGH COURT
Saugata Bhattacharyya, J
Smt. Soma Ghosh – Appellant
Versus
Jalpaiguri Municipality – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Kunaljit Bhattacharjee, Mr. Alok Sah
For the Respondents: Mr. Tarunjyoti Tiwari, Ms. Sutapa Sen Paul, Sk. Abdul Rahim, Mr. Pretom Das, Mr. Abhishek Sen

Table of Content
1. petitioner alleges unauthorized construction by co-sharers. (Para 1 , 2)
2. foundations of the complaint supported by municipal memo. (Para 3 , 5)
3. defense cites compatibility of construction with local scheme. (Para 4)
4. municipality directed to investigate and conclude proceedings. (Para 6 , 8)
5. writ petition ended with court's ruling. (Para 9)

1) Matter is heard in terms of order dated 23rd July, 2025 when learned advocate representing Jalpaiguri Municipality has submitted a memo dated 27th November, 2024 addressed to one Satyajit Ghosh being respondent no.4 whereby said respondent no. 4 is directed to stop construction and issue is decided to be considered by the concerned authority of Jalpaiguri Municipality.

2) A case is made out by the petitioner being one of the co-sharers who has alleged that respondent nos. 4 and 5 being other co-sharers of the premises in question have started unauthorized construction without sanctioned plan by the concerned authority of the Jalpaiguri Municipality.

3) Such contention made on behalf of the petitioner prima facie stands fortified from the memo dated 27th November, 2024 issued on behalf of Jalpaiguri Municipality address

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