SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2025 Supreme(Online)(Cal) 2921

CALCUTTA HIGH COURT
Gaurang Kanth, J
Shanti Nath Ghosh @ Shanti Nath De (Ghosh) – Appellant
Versus
Kolkata Municipal Corporation & Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Biswaroop Bhattacharya, Mr. Sumitava Chakraborty, Ms. Satabdi Das
For the Respondents: Mr. Barin Banerjee, Mrs. Ina Bhattacharyya, Mr. Gourav Das, Mr. Swapan Kr. Pal

1. Affidavit of service is taken on record.

2. The petitioner in the present writ petition challenges the entire demolition process initiated by the respondent municipality under section 400(8) of the KMC Act in respect of the premises no. 11, Joy Mitra Street, PO Hatkhola, Kolkata.

3. It is the case of the petitioner that she is the owner of the subject property and had entered into a development agreement dated 28.11.2018 with respondent no. 6. Pursuant to the said agreement, the petitioner obtained a sanctioned plan dated 24.5.2022 for the construction of G+4 structure. During the course of the construction, the petitioner was issued a stop work notice under section 401 of the KMC Act on 28.7.2023, directing to stop all construction work in connection with the said premises. Immediately thereafter the officials of the respondent entered into the said premises and the petitioner alleges that they have carried out demolition under section 400(8) of the KMC Act

4. Learned counsel for the petitioner submits that the construction is being carried out in accordance with the valid sanctioned plan. Even assuming that there is any deviation, the respondent municipality ought to have initia

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top