7.

(DL)

18.02.2026 Ct. No. 05 (ARPAN IN THE HIGH COURT AT CALCUTTA In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction (Appellate Side)

W.P.A. 134 OF 2026 SONALI MONDAL VS.

SILIGURI MUNICIPAL CORPORATION & OTHERS Mr. Abhilash Mittal, Adv.

Mr. Rajdeep Das, Adv.

…for the Petitioner Mr. Subir Kumar Saha, AGP Mr. Kumar Santanu, Adv.

…for the State Mr. Bijoy Bikram Das, Adv. (Via VC)

…for the S.M.C.

Mr. Arun Kumar Sarkar, Adv.

Mr. Debanjan Das, Adv.

Mr. Navneet Yang Lama, Adv.

…for the Respondent Nos.6 & 7

1. Affidavit-of-service filed on behalf of the petitioner is taken on record.

2. By presenting this writ petition petitioner has prayed for implementation of the order of demolition dated 31^st July, 2025 passed by the concerned authority of Siliguri Municipal Corporation (for short, ‘Corporation’).

3. It is submitted that though time was fixed for the opposite party, who was found to be responsible for the unauthorized construction to demolish that construction by 5^th August, 2025 but same was not demolished requiring concerned authority of the Corporation to complete demolition work. It is further submitted that till date unauthorized construction has not been demolished.

4. It is also submitted that part of the construction in question ought to have been declared unauthorized considering the facts of the case but same was not taken into account while passing order on 31^st July, 2025 by the concerned authority of the Corporation.

5. Respondent nos.6 and 7 are represented by learned advocate who has submitted that demolition process has already started. It is also submitted that no step has been taken by the respondent nos.6 and 7, in accordance with law, against order of demolition dated 31^st July, 2025.

6. It is submitted by the learned advocate representing the Corporation, who appears on virtual mode that within four (4) weeks demolition work will be complete.

7. Having considered the respective submissions made on behalf of the parties and taking note of the demolition order dated 31^st July, 2025, Court

complete demolition of unauthorized construction

in terms of the said order dated 31^st July, 2025

Corporation by four (4) weeks from the date of

communication of this order.

8. After completion of demolition petitioner shall have liberty to approach the concerned authority of the Corporation to raise objection, if any unauthorized construction is not demolished.

9. With the aforesaid directions, writ petition stands disposed of.

10. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(SAUGATA BHATTACHARYYA, J.)