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2026 Supreme(Online)(Cal) 649

CALCUTTA HIGH COURT
SHAMBO HATI – Appellant
Versus
STATE OF WEST BENGAL AND ORS. – Respondent


18.02.2026 Ct. 3 Item No. Saswata Shamboo Hati Versus The State of West Bengal & Ors.

Mr. Uday Sankar Chattopadhyay Mr. Suman Sankar Chattopadhyay Ms. Trisha Rakshit Mr. Rajarshee Tah Ms. Aishwarya Datta Ms. Bidisha Chakraborty Ms. Sadia Parveen …For the petitioner Mr. Md. Galib Mr. Shamim Ul Bari …For the State Mr. Uttiya Ray Mr. Atish Santra …For the respondent no. 8 Mr. Subhasis Bandopadhyay …For the Municipality

1. The instant writ petition has been filed, inter alia, complaining that an illegal construction has come up at holding no. 29 ward no. 34 under Burdwan Municipality.

2. It is the petitioner’s case that notwithstanding the petitioner having made complaint with the municipal authorities as regards illegal construction being carried on by the private respondents, the municipal authorities had permitted the construction to go on.

3. Learned advocate appearing for the petitioner submits that the aforesaid construction interferes with the building rules and that the mandatory side open space has not been maintained. According to him, the building was also permitted to be used for commercial purpose in a residential area and the same is likely to create serious issues for the re

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