IN THE HIGH COURT OF JUDICATURE AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE RESERVED ON: 04.08.2025 DELIVERED ON: 13.08.2025 PRESENT:

THE HON’BLE MR. JUSTICE GAURANG KANTH WPA 18238 OF 2024 RUKHSANA HAMID VERSUS STATE OF WEST BENGAL & ORS.

Appearance:-

Mr. Arup Krishna Das, Adv.

Mr. Rajarshi Ghosh, Adv.

.……………………..For the Petitioner Mr. Dipanjan Datta, Adv.

Mr. Debangshu Mondal, Adv.

…..……..….…….… For the State Mr. Shounak Bhattacharya, Adv.

………….......………… For the Corporation Mr. S.K. Mondal, Adv.

…………….… For the Private Respondent WITH WPA 20449 OF 2024 RUKHSANA ZAKARIA KHAN VERSUS THE STATE OF WEST BENGAL & ORS.

Mr. Srijib Chakraborty, Adv.

Mr. Subhajit Mukherjee, Adv.

…………………………For the Petitioner Mr. Malay Singh, Adv.

Ms. Neelam Singh, Adv.

……………………………… For the State Mr. Shounak Bhattacharya, Adv.

………………….… For the Corporation Mr. S.K. Mondal, Adv.

………… For the Private Respondent JUDGMENT Gaurang Kanth, J. :-

1. The demolition order dated 04.03.2024 having Memo No.

3049/(12)/PW/Eng/24 passed by the Superintending Engineer, Asanasol Municipal Corporation in connection with demolition of a certain portion of the Nuruddin House having JL No. 20, Mouza Asanasol Municipality is in consideration in both these matters. In WPA 20449/2024, the Petitioner is challenging the said demolition order where as in 18238/2024, the Petitioner is seeking the implementation of the said demolition order. Hence this Court decided to dispose of both these matters with a common order.

Facts as per WPS 18238/2024

2. The Petitioner claims to be one of the co-sharers of the premises in question. Her case is that one Nuruddin Mistry was the original owner of certain plots of land situated under Mouza- Asansol Municipality, JL No. 20, recorded in Khatian Nos. 8860, 8861, 8862, 13588, 13589, 10793, 10794, 10795, 10796, 10797, 10798, 8866, 8867, 8869, 8870, 8871, 8873–8877, 22250, 22242, 22256, 22255, 22251, 22241, 22243, 22252, and 22254. The Petitioner is one of the successors-in-interest of the late Shri Nuruddin Mistry. Nuruddin House is constructed over the said property. After the death of Nuruddin Mistry, a partition suit, being Title Suit No. 92 of 2023, was instituted and is presently pending before the Court of the Civil Judge, Senior Division, Asansol, among the legal heirs of the said late Nuruddin Mistry.

3. The Petitioner in WPA No. 18238 of 2024 (Rukhsana Hamid), contends that private respondents Nos. 6 and 7, namely Abdulla Zakaria and Sulaiman Zakaria, commenced unauthorised construction over a portion of the aforesaid property without obtaining any valid sanctioned building plan. Accordingly, she lodged a complaint dated 29.12.2023 before the Mayor, Asansol Municipal Corporation. Pursuant to the said complaint, officials of the Respondent Municipality carried out a spot inspection and issued a “work stop” notice dated 09.01.2024 against the said private respondents.

4. Despite the issuance of the said notice, Abdulla Zakaria and Sulaiman Zakaria continued with the unauthorised construction. Consequently, the Petitioner lodged another complaint dated 12.02.2024. The Assistant Engineer, Asansol Municipal Corporation, by letter dated 17.02.2024, informed the Deputy Commissioner of Police (Central), Asansol–Durgapur Police Commissionerate, to take appropriate action against the said private respondents.

5. A hearing was thereafter conducted by the Respondent Municipality on

20.02.2024, which was attended by both the Petitioner and the private respondents. As no sanctioned building plan was produced by the private respondents, the Respondent Municipality passed a demolition order dated 04.03.2024, directing the said private respondents to demolish the unauthorised construction within seven days, failing of which the demolition would be carried out by the Municipality itself.

6. Notwithstanding the passing of the demolition order dated 04.03.2024, no demolition was carried out, either by the private respondents or by the Respondent Municipality. The P