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2026 Supreme(Online)(Cal) 2948

IN THE HIGH COURT AT CALCUTTA
Subrata Bhattacharyya, J
ARINDAM BASU AND ORS – Appellant
Versus
SUJAY CHAKRABORTY CHAIRPERSON BOARRD OF ADMINISTRATOR HOWRAH MUNICIPAL CORPORATION AND ORS – Respondent
CPAN No.1765 of 2023 | WPA No.8817 of 2023 | WPA No.12703 of 2023



Advocates:
For the Appellants/Petitioners: Arindam Basu, Sourav Modak
For the Respondents: Sandipan Banerjee

The court ensures the enforcement of its orders by directing municipal authorities to remove illegal obstructions from common areas and ordering police protection to prevent a breach of peace between disputing parties.

Headnote:The matter pertains to the enforcement of previous court directions regarding the removal of debris from a rooftop and the maintenance of peace between parties. The petitioners alleged that the private respondents were threatening them and had illegally placed a padlock on a common rooftop gate, while the municipal corporation's compliance remained unverified. The court addressed whether the previous orders had been fully complied with and how to resolve the dispute over common area access. The court reasoned that an affidavit of compliance is necessary to verify the removal of debris and that police assistance is required to remove illegal obstructions to ensure the peaceful enjoyment of the premises. Relist on May 21, 2026.

Table of Content
1. verification of compliance with previous court orders via affidavit. (Para 1 , 2 , 3)
2. provision of police protection to prevent breach of peace. (Para 4 , 5)
3. removal of illegal obstructions to ensure peaceful enjoyment of common property. (Para 6 , 7 , 8)
4. procedural directions for relisting and order dissemination. (Para 9 , 10 , 11)

1. Heard the submissions on behalf of both the parties.

2. An affidavit of compliance shall be filed by the Howrah Municipal Corporation clearly mentioning as to whether the debris from the rooftop has been removed or not.

3. Learned counsel for the contemnors submits that all other compliances required to be made in terms of the Court’s order have been complied with.

4. The petitioners allege that the private respondents are misbehaving and threatening the petitioners, and that the police are not taking any steps to come for their rescue.

5. The Officer-in-Officer of Chatterjeehat police station is, therefore, directed to ensure that there is no breach of peace at the locale and that the petitioners may be provided necessary protection as and when complaint is lodged before the police.

6. The petitioners also allege that the private respondent has put a padlock on the gate to the rooftop which is common to the parties.

7. The Corporation is directed to remove the padlock from the gate of the rooftop, and the OC of the Chatterjeehat police station shall render all assistance to the men and agents of the Corporation at the time of removal of the padlock.

8. The private respondent is restrained from creating any interference in the peaceful enjoyment of the petitioners at the subject premises.

9. Relist on May 21, 2026.

10. All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

11. Certified copy of this order, if applied for, shall be made available to the parties.

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