Form No.J(2)

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

The Hon’ble Justice Raja Basu Chowdhury WPA 15716 of 2025 Debanan Bachar Versus The State of West Bengal & Ors.

With WPA 13345 of 2025 Rekha Mukherjee & Anr.

Versus The State of West Bengal & Ors.

For the petitioner in WPA : Mr. Biswajib Ghosh

15716 of 2025 and the Mr. Sumitava Chakraborty respondent no.7 in WPA 13345 Ms. Bratari Pramanick of 2025.

For the petitioners in WPA 13345 : Mr. Kallol Guha Thakurta of 2025 and the respondent Mr. Md. Wasim Rahaman nos.7 & 8 in WPA 5716 of 2025. Mr. Dipankar Dutta For the State in both the writ : Mr. Debjit Mukherjee petitions. Mr. Shibasish Banerjee For the respondent nos. 2 to 5 : Mr. Tapas Kumar Ghosh in both the writ petitions. Mr. Tanmoy Chowdhury Heard on : 20.01.2026. Judgment on : 20.01.2026 Raja Basu Chowdhury, J (Oral):

1. Pursuant to the order dated 5th January, 2026, the Chairman, Hooghly-Chinsurah Municipality is personally present in Court with the entire records of this case and an affidavit, explaining failure for not having previously complied with the direction of this Court as regards filing of report has been filed.

2. The report in the form of affidavit filed by the respondent nos. 2 to 5 in Court today is taken on record.

3. Though the explanation provided by the respondent no.3 does not appear to be adequate in so far as the failure on the part of the municipality to comply with the directives issued by this Court from time to time including the failure to file the report as directed earlier, however, taking note of the fact that the Chairman has personally undertaken before this Court that the direction issued by this Court shall be complied with as and when directed, and the above conduct shall not be repeated in future, the matter against the municipality for having not adhered to the directions passed by this Court is not proceeded further and the personal appearance of the Chairman stands dispensed with.

4. The writ petition, being WPA 15716 of 2025 has been filed for enforcement of the order dated 19th May, 2025 passed by the Board of Councillors of Hooghly-Chinsurah Municipality. The writ petition, being WPA 13345 of 2025 has been filed challenging the above order dated 19th May, 2025 on the ground noted in the writ petition.

5. By consent of the parties, both the writ petitions are taken up for final consideration together.

6. Upon going through the records of the proceedings and the order impugned it may be noted that the Assistant Engineer of the municipality had conducted an inspection at the locale i.e. holding no.2 Kapasdanga, New G.S. Colony, Hooghly, PIN 712103, on 18th February, 2025 after service of notice dated 11th February, 2025, to ascertain whether any unauthorized construction has been carried out by Rekha Mukherjee and Avijit Mukherjee at the said premises. During inspection both Rekha Mukherjee and Debanan Bachar were present at the site. The inspection report dated 19th February, 2025 also records that a previous sanctioned plan was issued to Rekha Mukherjee and Avijit Mukherjee vide no. B/277 (04-05). Report would also reveal another building plan being B/352 (19-20) was issued on 16th March, 2020. The report further records that during inspection it was found that Rekha Mukherjee and Avijit Mukherjee have deviated from their latest sanctioned building plan and extended their construction beyond the sanctioned limit as per the latest sanctioned building plan B/352 (19-20). The deviated portions have been noted in the said report. Based on the above report and upon giving an opportunity of hearing to the parties the order impugned was passed.

7. Mr. Guha Thakurta, learned advocate representing the petitioner in WPA 13345 of 2025 has placed reliance on the sanction fees being deposited by the petitioners with the municipal authorities and would submit that upon realization of the amount of Rs.12200/- and 1100/- the municipal authorities have regularized