IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Kausik Chanda W.P.A. 16981 OF 2024 KISHORI LAL PODDAR -VERSUS-

BIDHANNAGAR MUNICIPAL CORPORATION AND OTHERS.

AND W.P.A. 16979 OF 2024 KISHORI LAL PODDAR -VERSUS-

BIDHANNAGAR MUNICIPAL CORPORATION AND OTHERS.

For the petitioner and : Mr. Om Narayan Rai, Sr. Adv., Mr. Prashant Agarwal, Adv., Mr. Badal Singh, Adv.

For private respondents : Mr. Debanik Banerjee, Adv., Mr. S. S. Biswas, Adv., Mr. Huzaifa Shahid, Adv.

For B.M.C. : Mr. Sirsanya Bandopadhyay, Adv., Mr. Arka Kumar Nag, Adv., Mr. Tirthankar Dey, Adv.

For the State : Mr. Srijan Nayak, Adv., (W.P.A. No.16979 of 2024) Ms. Rituparna Maitra, Adv.

Hearing concluded on : 28.02.2025 Judgment on : 08.05.2025 Kausik Chanda, J.:-

The present two writ petitions arise out of a long-standing dispute concerning alleged unauthorised constructions carried out by the petitioner at premises no. AK-128, Sector II, Salt Lake City, Kolkata-700091. The constructions include a kitchen, a toilet allegedly erected infringing the mandatory open space.

2. A series of complaints were received by the Bihdannagar Municipal Corporation (in short, the Corporation) from the respondent nos. 5 and 6 (owners of the adjoining premises at AK-111, Sector II, Salt Lake City, Kolkata 700091), alleging the obstructive and unhygienic nature of the unauthorised structures erected by the petitioner on the ground floor. Ultimately, respondent nos.5 and 6 filed WPA 14105(W) of 2019, seeking demolition of the constructions. A Coordinate Bench of this Court disposed of the said writ petition on September 24, 2019, giving a direction upon the Commissioner, Bidhannagar Municipal Corporation to conclude the proceeding initiated on the complaint made by respondent nos.5 and 6.

3. In compliance with the said order dated September 24, 2019, the Corporation initiated necessary inquiries and afforded both parties a hearing. A formal hearing was conducted on May 11, 2024, in the chamber of the Commissioner, where both sides were heard.

4. Following the said hearing, and based on an inspection conducted by the municipal authorities, a demolition order dated June 4, 2024, was passed. The said order directed removal of (a) all the alleged unauthorised constructions covering the wider and rear mandatory open spaces, including the toilet and the kitchen and additionally (b) an alleged unauthorised roof structure erected above the first floor.

5. W.P.A. 16981 of 2024 has been filed by the petitioner challenging the order dated June 4, 2024, passed by the Commissioner.

6. It further appears that respondent nos. 5 and 6 also constructed a similar type of structure on the roof of their residential building at AK-111, Sector II, Salt Lake City, Kolkata 700091, as a counterblast to the filing of WPA 14105(W) of 2019, the petitioner has filed W.P.A. 16979 of 2024 against respondent nos. 5 and 6 seeking demolition of the said construction.

7. It was contended by the learned advocate appearing for the petitioner that the impugned order was passed pursuant to an earlier direction of this Court dated September 24, 2019, in WPA 14105(W) of 2019, which only concerned the alleged constructions at the ground level and did not authorise the Corporation to pass order against the rooftop structures.

8. It was submitted that the order under challenge is entirely unreasoned and fails to disclose any specific contravention of provisions under the West Bengal Municipal Corporation Act, 2006 or the West Bengal Municipal (Building) Rules, 2007. The petitioner argues that an order of demolition without assigning reasons or identifying statutory violations is unsustainable in law.

9. The petitioner further asserted that the demolition order relies upon a purported inspection conducted on February 13, 2020. However, it was pointed out that the petitioner had already removed the shed and had duly informed the Corporation about it by a letter dated January 9, 2020, which w