The court is examining whether a semi-pucca construction with an asbestos roof is exempt from sanction under Section 23(2) of the West Bengal Panchayat Act, 1973, and has granted an interim stay on the demolition order.

Ct. No.15

b.das

Affidavit of service filed by the petitioners is taken on record.

None appears for the Panchayat despite service.

Alleging unauthorized construction raised by the petitioners, the private respondent filed a writ petition being WPA 12066 of 2025. By an order passed on 28th May, 2025 a co-ordinate Bench of this Court directed the Sub-Divisional Officer to consider the application filed by the private respondent herein upon granting reasonable opportunity of hearing to both the parties. Pursuant to such order, the Sub-Divisional Officer, Canning, South 24 Parganas took up the representation submitted by the private respondent herein and by an order passed on 9th September, 2025, held that the construction raised by the petitioners herein was unauthorized. The petitioners have been directed to demolish the said construction within 30 days from receipt of the order failing which demolition would be effected by the Sub-Divisional Officer and costs recovered from these petitioners as per existing laws.

Learned counsel for the petitioners submits that the Sub-Divisional Officer has not considered the written statement submitted b the petitioners before passing the order impugned. The construction in question is a semi-pucca construction with asbestos roof and permission for the same was granted by the then Pradhan, Kanthalberia Gram Panchayat on 16th December, 2010. Since the construction is semi-pucca in nature, it is exempted from sanction in terms of Section 23(2) of the West Bengal Panchayat Act, 1973.

Learned counsel for the private respondents submits that the said permission was not placed before this Court when the earlier writ petition was considered. Also, it is submitted on behalf of the State as well as the private respondents that there is no document to suggest that sanction was sought by the petitioners in prescribed form and sanctioned building plan was issued in their favour in respect of the construction raised by them.

Learned counsel for the State seeks to submit a report indicating the deposition and hearing process considered by the Sub-Divisional Officer in arriving at the decision impugned.

Let the matter appear under the same heading on 15th May, 2026.

The order impugned passed by the Sub-Divisional Officer shall not be implemented till the adjourned date.