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

The Hon’ble Justice Shampa Dutt (Paul), J.

WPA 6087 of 2018 Goutam Saha vs.

The State of West Bengal & ors.

For the Petitioner : Mr. Kallol Basu, Mr. Farhan Ghaffor, Mr. Zahaib Rauf.

For the Respondent : Mr. Rahul Karmakar, No. 19 to 26 Mr. Sourav Guchhait.

For the KMC : Mr. Alak Kr. Ghosh, Mr. Arijit Dey.

Hearing concluded on : 23.07.2025 Judgment on : 07.08.2025 Shampa Dutt (Paul), J.:

1. The writ application has been preferred praying for directions upon the respondents to demolish the unauthorized, illegal parts of the 9 nos. of shop room constructed infront of B-34/1, Bapuji Nagar, Raja S.C. Mullick Road, Kolkata-92 and to remove obstructions from infront of the petitioners house to have the free access from the public road to his house and to enjoy his property freely and peacefully with his family members.

2. The petitioner’s case is that he is a co-owner of the property in dispute in this case which was settled upon the petitioners predecessors by the Government of West Bengal by a letter of authorization being no. 848 RC (DEV) dated 15.10.1966 to occupy plot no. E-1292. The predecessors of the petitioner then on building on the said plot of land, started residing therein. It is stated that subsequently the State decided to give the property alongwith homestead land, hereditaments and premises to the father of the petitioner on 02.12.2002.

3. It is the case of the petitioner that some temporary structures, nine in numbers were erected on the public road infront of the petitioner’s house, obstructing the egress and ingress to and from the petitioner’s house despite protest by the petitioner’s father.

4. Subsequently, the temporary structures were converted into pucca structure with tin shed roof in the shape of shop rooms. Subsequently, four more pucca new shop rooms with tin shade were constructed by obstructing the public road/footpath and in spite of several complaints to the authority concerned, no action has yet been taken.

5. The petitioner then approached several authorities for removal of the said obstruction and unauthorized encroachment of the said nine pucca shop rooms which were severely affecting the petitioner’s life in his house.

6. The petitioner then preferred a writ application alongwith a contempt application bearing nos. WP 15574 (W) of 2017 and CPAN 1392 of 2017. The High Court while disposing of all the above applications including the writ applications was pleased to pass an Order in Writ Petition being Number W.P.15574(W) of 2017, as set out hereunder:-

“By consent of the parties, the Writ Petition is treated as on day's List and is taken up for consideration.

Learned Advocate appearing for the Private Respondents submits that, the Undertaking recorded on October 25, 2017 be suitably modified to read that the Private respondents will not construct any further save and except if permitted by law to do so. Such request being reasonable, is accepted. The Undertaking recorded is modified accordingly.

In view of the directions and observations made therein is no point in keeping the writ petition pending.”

7. Subsequently, in pursuance of the High Court’s Orders passed from time to time, the Corporation in presence of the Police Authorities, demolished part of the nine illegal and unauthorized shop rooms on the public road, leaving other part untouched, claiming that it was within the jurisdiction of the PWD, Govt. of W.B.

8. It is stated that the encroachers, the respondents herein went ahead to cast concrete roof and the petitioner was compelled to file the contempt proceedings. In spite of giving an undertaking before the Court not to make further constructions, the respondent encroachers continued to construct permanent structures over the parts not demolished, without any sanction and there was total inaction on the part of authorities being the Corporation and the Officer-in-Charge of Jadavpore Police Station.

9. The petitione