Due process must be followed before demolition actions under municipal law, ensuring hearings are conducted.

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 initiated proceedings under section 400(1) of the KMC Act after affording an opportunity of hearing to the petitioner.

5. He also submits that there is no justification for invoking emergent provision under section 400(8) of the KMC Act. It is further contended that the demolition order has been passed, without granting an opportunity of hearing to the petitioner and there exists no urgent circumstances to warrant invoking the emergency powers conferred under Section 400 (8) of the said Act.

6. Learned counsel for the respondent submits that although the construction was initially being carried out in accordance with the sanctioned plan, vide BP NO. 202202008 dated 24.5.2022. Upon inspection the respondent corporation noticed that the petitioner is encroaching upon the gifted strip of land and gifted corner splay, both belonging to the respondent corporation and were also infringed upon the mandatory front and rear side open spaces.

7. In view of the said fact, the respondent corporation issued a stop work notice dated 20.7.2023 under section

401 of KMC Act. Further an inspection was carried out on 5.9.2023 and the police was requested to monitor the unauthorized construction. Further inspection was carried on 13.5.2024 and the respondent corporation noticed that the petitioner has resumed the construction work defying the stop work notice under Section 401 of KMC Act. Thereafter, they have lodged an FIR under section 401 (A) of the KMC Act under Burtolla PS vide case no. 70 dated 15.5.2024 against the alleged unauthorized construction. The respondent corporation had taken partial demolition action on the said property from

23.6.2025 to 30.6.2025.

8. Learned counsel for the respondent corporation seeks and is granted three weeks time to file affidavit-in-

opposition.

9. Reply thereto if any, be filed one week thereafter.

10. Let the matter be listed after four weeks on

5.8.2025.

11. In the meantime the respondent corporation is restrained from taking any coercive action in respect of the said property for a period of five weeks or until further orders whichever is earlier.