18.02.2026 sayandeep Sl. No. 17 Ct. No. 03 WPA 2499 of 2026 Rabinath Jha Vs.

The KMC & ors.

Ms, Manisha Nath Ms. Mohona Das ….. for the petitioner Mr. Wasim Ahmed Md. Sahabuddin …. For the State Mr. Nilotpal Chatterjee Ms. Tamashree Dasgupta …. For the KMC

1. At the very outset, the learned advocate representing the petitioner would submit that though the service has been effected on the respondents, the affidavit-of- service is yet to be affirmed. She undertakes to file the affidavit-of-service in course of the day.

2. In the light of the above and in presence of the learned advocate representing the municipality and the State, the matter is taken up for consideration.

3. Records would reveal that in relation to an illegal construction being carried out at premises No. 0- 138C, Mudiali Road, within ward No. 136 Borough XV of the KMC, the proceedings under Section 400(1) of the KMC Act was initiated. The said proceedings ultimately came to be disposed of by an order dated 10^th May, 2021, holding that the entire building is unauthorized, without any sanction building plan and should be demolished.

4. In the interregnum, complaining inaction on the part of the municipal authorities to take steps in relation to the demolition proceedings a writ petition being WPA 6183 of 2021 was filed. The co-ordinate Bench of this Court by an order dated 20^th September, 2021 having noted that an order has already been passed by the Special Officer Building directing the demolition on 10th May, 2021 was, inter alia, pleased to dispose of such proceedings by observing that the order passed by the Special Officer Building would be subject to any order that may be passed by the municipal buildings tribunal since, an appeal by such time had already been filed from the aforesaid order.

5. The said appeal being BT appeal No. 16 of 2021 has since been dismissed on contest with a direction upon the appellant to demolish the entire structure within 30 days. Such fact would corroborate from the order dated 9th March, 2023. Although, a civil revisional application was filed challenging the aforesaid order which was registered as CO 164 of 2024 such revisional application ultimately came to be dismissed by an order dated 21^st January, 2026.

6. Following the above, the present writ petition has been filed.

7. Mr. Chatterjee, learned advocate representing the municipality would submit that the municipality is in the process of implementing the same. He submits that appropriate directions may be passed on the police authorities so that the municipality can discharge their functions and carry out the order of demolition without any hindrance from any.

8. The State is represented. Learned advocate representing the State assures this Court that if any requisition is made from municipal authorities, the State shall provide necessary assistance.

9. Having regard to the above and noting that the municipality is in the process of implementing the above order, I am of the view nothing survives in the writ petition.

10. Accordingly, the writ petition is disposed of with a direction that the municipality shall ensure compliance of the order within a period of 16 weeks from date.

11. With the above observations and directions, the writ petition is disposed of.

(Raja Basu Chowdhury, J.)