31-07-2025 IN THE HIGH COURT AT CALCUTTA Item no.176 & 177 Special Civil Jurisdiction Subrata Appellate Side Bhattacharyya AR(C)

CPAN No.1765 of 2023 Arindam Basu & Ors.

-vs-

Sujay Chakraborty & Ors.

arising out of WPA No.8817 of 2022 With WPA No.12703 of 2023 Mr. Arindam Basu Mr. Sourav Modak … the petitioner nos. 1 & 3 in person Mr. Sandipan Banerjee Mr. Ankit Sureka …for the contemnor/ Corporation

1. The first and third petitioners appear in person and produce photograph of the demolition work that has been done by the Corporation.

2. It appears that the shed which was unauthorized has been removed but the structure on which the shed was constructed still remains.

3. The Corporation shall be bound to remove the steel/iron frame/structure on which the shed was constructed. The same is required to be removed so that the structure is not used by the persons responsible for making unauthorized construction in future all over again.

4. It has been submitted that the top floor of the structure is being used unauthorisedly for non- residential purpose. It appears that the building was sanctioned for residential use. Therefore, the Corporation shall take necessary steps to ensure that the mode of use of the structure is not changed without valid permission.

5. The Officer-in-Charge of Chatterjeehat police station is directed to ensure that no harm is caused on the life and property of the petitioners or any of their family members at the hands of the persons responsible for making the unauthorized construction as a backlash for proceeding with the contempt application.

6. The petitioners are directed to serve a copy of this order upon the Officer-in-Charge, Chatterjeehat police station for taking necessary steps. If the petitioners approached the police with any complaint the same shall be redressed by the police without any delay.

7. Relist the matter on September 4, 2025.

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

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

[Amrita Sinha, J]