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