Form No.J(2)

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present :

The Hon’ble Justice Raja Basu Chowdhury WPA 5473 of 2025 Tapan Roy (Paul)

Versus State of West Bengal & Ors.

For the petitioner : Mr. Satrajit Sinha Roy For the State : Mr. Srijan Nayak Ms. Rituparna Maitra For the KMC : Mr. Alok Kr. Ghosh Ms. Manisha Nath Heard on : 17.02.2026. Judgment on : 17.02.2026 Raja Basu Chowdhury, J (Oral):

1. The matter has a chequered history. The petitioner had previously approached this Court by filing a writ petition which was registered as WPA no. 5647 of 2023. Such writ petition was dismissed by order dated 22^nd June, 2023. On an appeal being filed therefrom, the said appeal which was registered as MAT 1221 of 2023 was disposed of by order dated 8^th August, 2023, inter alia, by observing as follows:-

“… Being aggrieved, the writ petitioner is before us by way of this appeal.

We are unable to agree with the learned Single Judge that just because seven years or so have passed since the alleged unauthorized construction was made, no action can be taken against the same. An illegal construction does not become legal merely by passage of time. If the Corporation finds there is unauthorized construction, as alleged by the writ petitioner/ appellant herein, the Corporation is directed to initiate proceedings under Section 400(1) of the Kolkata Municipal Corporation Act, 1980, immediately and carry the same to its logical conclusion, in accordance with law, after granting adequate opportunity of hearing to all concerned parties including the appellant herein and the private respondents. The entire exercise should be completed within a period of four months from the date of communication of this order to the Special Officer (Building), Kolkata Municipal Corporation.

We have not gone into the merits of the disputes.

The Competent Authority, as indicated above, shall take an informed decision, in accordance with law. Needless to say, if the Authority finds merit in the grievance of the writ petitioner/appellant herein to the effect that there is unauthorized construction on the second floor of the building in question, either without a sanctioned plan or in deviation from the sanctioned plan, immediate steps should be taken by the Authority for removal of the unauthorized portion of the construction.

The order under appeal is accordingly set aside.

Since we have not called for affidavits, the allegations in the stay petition shall be deemed not to have been admitted by the respondents.

The appeal being MAT 1221 of 2023 and the connected application being IA No: CAN/1/2023 at accordingly disposed of.

Let urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance with all requisite formalities.”

2. The petitioner had since taken out a contempt application alleging violation of the judgment and order dated 8^th August, 2023 when the Hon’ble Division Bench of this Court after hearing the parties and noting from the submission made by the contemnor in Court that the proceedings shall be initiated and completed under Section 400(1) of the Kolkata Municipal Corporation Act, 1980 within a period of two months from that date, the contempt application stood disposed of by order dated 28^th February, 2024. Pursuant to such order, the Special Officer (Building) in D/Case No. 061-D/Br-

I/23-24 was pleased to pass the following order.

“ ORDER The plan for erection of partly two and partly three storied building in the year 2001. As per inspection report a portion western side of 2^nd floor is beyond the sanction plan. As per observation of department the portion has not been constructed in recent past.

Ground floor is purchased on 2016. It is stated by P.R.

they have purchased the 2^nd floor as it built. They have not constructed any part of floor.

Now the owner of the 2^nd floor prays for regularizing the portion deviation from sanction plan. Both P.R. &

complainant appeared at the time of