Form No.J(2)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

Present :

The Hon’ble Justice Raja Basu Chowdhury

WPA 456 of 2026

Tapas Kumar Chowdhury

Versus

The State of West Bengal & Ors.

For the petitioner : Mr. Kallol Basu

Mr. Suman Banerjee

Mr. Atreya Chakraborty

For the Municipality : Mr. Gautam Lahiri For the respondent nos. : Mr. Ayan Banerjee

8 to 22 Mrs. Sarmila Das

Heard on : 13.01.2026. Judgment on : 13.01.2026

Raja Basu Chowdhury, J (Oral):

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

2. The instant writ petition has been filed, inter alia, challenging the order dated 24th December, 2025, passed by the Chiarman, Serampore Municipality, under the provisions of Section 218 of the West Bengal

Municipal Act, 1993 (hereinafter referred to as the “said Act’).

3. The matter has a chequered history. It appears that private respondent nos. 8 to 22 had previously filed a writ petition, alleging illegal and unauthorized construction, which was registered as WPA

18390 of 2017. The said writ petition came up for final consideration when by an order dated 2nd April, 2025, a Coordinate Bench of this Court had noted that the municipality by carrying out an inspection had filed a report wherein the municipality found unauthorized construction.

4. The Coordinate Bench by the above order also directed that a proceeding under Section 218 of the said Act be initiated and that the municipal authorities shall comply with the guidelines of the Hon’ble Supreme Court as laid down in Writ Petition (Criminal) No. 162 of 2022 and Writ Petition (Civil) No. 328 of 2022. The petitioner herein, who was the private respondent in the first writ petition, filed an appeal which came to be disposed of by the Hon’ble Division Bench of this Court by an order dated 22nd September, 2025, by inter alia directing that the municipal authorities will commence proceedings under Section 218 of the said Act and shall hear out the objections by the appellants as also the writ petitioner in the first writ petition and pass a reasoned order demarcating the municipal land and the encroachments made, if at all. The order further provides that the encroachment shall thereafter be proceeded to be removed in accordance with law by Serampore Municipality.

5. Pursuant to the aforesaid, a proceeding under Section 218 of the said Act was initiated and the same culminated in the order passed by the Chairman, Serampore Municipality on 24th December, 2025.

6. Though, several points have been raised by Mr. Bose, learned advocate representing the petitioner, however, I find from the arguments advanced, the Chairman, Serampore Municipality did not have the competence to pass the order under Section 218 of the said Act.

7. Learned advocate for the municipality as also the learned advocate for the private respondents are represented.

8. Having heard the learned advocates appearing for the respective parties I find that the provisions of Section 218 of the said Act inter alia provides as follows:-

“218. Order for demolition or alteration of buildings in certain cases.— (1) If the Board of Councillors is satisfied — (a) that the erection of any building —

(i) has been commenced without obtaining sanction or permission under the law, or (ii) is being carried on or has been completed otherwise than in accordance with the particulars on which such sanction or permission was based, or after such sanction or permission has been lawfully withdrawn, or (iii) is being carried on or has been completed in breach of any provision contained in this Act or in the Schedule or in any rules or regulations in this behalf, or (b) that any building or projection exists in violation of any condition, direction or requisition lawfully given or made under this Act or the rules or the regulations made thereunder, or (c) that any material alteration of, or addition to, any building has been commenced or is being carried on or has been completed in breach of any provision contained in this Ac