IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE RESERVED ON: 16.12.2025 DELIVERED ON: 11.03.2026 PRESENT:

THE HON’BLE MR. JUSTICE GAURANG KANTH WPA 2445 OF 2025 AMBEE ENGINEERING PVT. LTD. & ANR.

VERSUS THE COMMISSIONER OF POLICE KOLKATA & ORS.

Appearance: -

Mr. Srijib Chakraborty, Adv.

Mr. Sumitava Chakraborty, Adv.

Mr. Snehasish Dey, Adv.

…..for the Petitioner Mr. Biswaroop Bhattacharya, Adv.

Ms. Bratati Pramanick, Adv. …..for the Respondent no. 11 Mr. Sandipan Banerjee, Adv.

Mr. Ankit Sureka, Adv.

…..for the HMC Mr. Santanu Kumar Mitra, Adv.

Mr. Sirsanya Bandopadhyay, Adv.

Mr. Rajat Dutta, Adv.

Mr. Bishnupada Jana, Adv.

…..for the State WITH WPA 25157 OF 2024 (C.A.N. 1 OF 2025)

ATIN KUMAR BANDOPADHYAY VERSUS HOWRAH MUNICIPAL CORPORATION & ORS.

Appearance: -

Mr. Biswaroop Bhattacharya, Adv.

Ms. Bratati Pramanick, Adv.

…..For the petitioner Mr. Sandipan Banerjee, Adv.

Mr. Ankit Sureka, Adv.

…..for the HMC Mr. Santanu Kumar Mitra, Adv.

Mr. Sirsanya Bandopadhyay, Adv.

Mr. Arka Kumar Nag, Adv.

Mr. Amartya Pal, Adv.

…..for the State JUDGMENT Gaurang Kanth, J. :-

1. The core question in both the matters is whether the Respondent Municipal Corporation was justified in imposing certain conditions based on a purported security threat to the State Secretariat, Nabanna, a declared “security zone” under the notification dated 04.09.2019, while granting sanction for the construction of proposed G+4 residential building at Premises No. 80/2, Kshetra Mohan Banerjee Lane, P.S. Shibpur, Ward No.

33, Howrah–711102.

2. WPA 25157/2024 has been filed by the owner of the said premises, whereas WPA 2445/2025 has been filed by the Developer. In view of the common issue involved, this Court considers it appropriate to dispose of both the matters by this common judgment.

3. The facts leading to the filing of the present writ Petitions are as follows.

4. Mr. Atin Kumar Bandhopadhyay (Petitioner in WPA 25157/2024 and Respondent No. 11 in WPA 2445/2025) (hereinafter referred to as the ‘Petitioner Owner’) is the absolute owner of the properties comprised in Howrah Municipal Corporation Holding Nos. 78, 79/28, and 80/2, Kshetra Mohan Banerjee Lane, Post Office and Police Station Shibpur, Ward No. 33, District Howrah, PIN–711102. These holdings stood duly mutated in the name of the Petitioner Owner. Subsequently, the aforesaid holdings were amalgamated in the records of the Respondent Municipal Corporation as Holding No. 80/2, Kshetra Mohan Banerjee Lane, P.O. and P.S. Shibpur, Ward No. 33, District Howrah, PIN–711102, measuring an area of 6 Cottahs, 9 Chittacks, and 17 sq. ft., more or less, including the common passage.

5. The Petitioner Owner entered into a Development Agreement and a Development Power of Attorney, both dated 22.07.2019, with M/s Ambe Engineering Pvt. Ltd. (hereinafter referred to as the ‘Petitioner Developer’) for the demolition of the existing old two storied structure and development of the premises by constructing a G+4 storied residential building having a proposed height of 15.49 metres.

6. Pursuant to the Development Agreement and the Power of Attorney, the Petitioner Developer submitted the building plan on 27.02.2020 along with the requisite fees for sanction of the proposed G+4 residential building. The Petitioners also obtained a Fire Clearance Certificate dated 16.10.2020 from the West Bengal Fire and Emergency Services and had earlier conducted a soil investigation in December 2019 for the proposed structure.

7. The premises in question is situated within a 500 metre radial distance from the State Secretariat, Nabanna, which has been declared as a “Security Zone” by the Government of West Bengal vide notification dated 04.09.2019 issued in exercise of powers under Sections 243 and 244 of the Howrah Municipal Corporation Act, 1980. Section 244 prohibits the sanction of any building exceeding 15.5 metres in height within a 500 metre radius of such ‘Security zones’ from the standpoint of security.

8. Although the Petitioner Devel