20.01.2025 (D/L-15 & 16)

Ct. No.15 (B.K.N.)

W.P.A. 27207 of 2024 Sabina Bibi and Ors.

Vs.

Bidhannagar Municipal Corporation & Ors.

With WPA 23771 of 2024 Sabina Bibi and Ors.

Vs.

Bidhannagar Municipal Corporation & Ors.

Mr. Biswaroop Bhattacharya, Mr. Sumitava Chakraborty, Ms. Bratati Pramanick ...for the Petitioner (W.P.A. 27207 of 2024 & W.P.A. 23771 of 2024)

Ms. Munmun Ganguly, Mr. Debangshu Dinda ...for the State Respondents (W.P.A. 27207 of 2024)

Mr. Biswabrata Basu Mallick, Mr. Biman Halder ...for the State Respondents (W.P.A. 23771 of 2024)

Mr. Sirsanya Bandopadhyay, Mr. Tirthankar Dey, Ms. Arka Kr. Nag ...for the Petitioner (W.P.A. 27207 of 2024 & W.P.A. 23771 of 2024)

Mr. Habibur Rahaman, Mr. Soumen Chatterjee, Mr. Sumit Naskar, Mr. N. A. Sardar, Mr. A. Singh ...for the Private Respondent No. 8 (W.P.A. 27207 of 2024 & W.P.A. 23771 of 2024)

Mr. Shounak Bhattacharya, Ms. Neelanjana Ghorui ...for the Respondent No. 9 to 11 (W.P.A. 23771 of 2024)

The petitioners seek to challenge a demolition order, dated 20th August 2024, issued by the Bidhannagar Municipal Corporation. The petitioners claim to be co-owners of the relevant property and argue that the demolition proceedings were initiated and are being carried out without providing them an opportunity for a hearing.

During the proceedings of this writ petition, it was further contended that the building in question has existed for over 75 years, and only minor repairs and construction work have been undertaken. A special officer was appointed by this Court to inspect the premises and submit a report. The relevant excerpt of the special officer’s report is quoted as follows:

“…..

4. I asked the petitioners as well as the private respondent no.9 who were present at the time of inspection as to whether there is any sanction plan of the building, when in turn I was told by them that there is no sanction plan since the building is 75 years old.

5. In course of inspection, statements of several persons who were present at the site of inspection were also taken. Admittedly, the second floor construction has been made recently and no sanction plan was produced in support of the said construction. The brick wall on outside of the building does not appear to be a 75 year old construction. Furthermore, from the statements given by Mr. Bipob Poddar, Sub Assistant Engineer, Bidhannagar Municipal Corporation and Mr. Abhijit Dutta Gupta, Assistant Engineer, Bidhannagar Municipal Corporation, it appears that initially when the officials of the Bidhannagar Municipal Corporation visited the site in question it was a single storied building. It has been further stated by the aforesaid officials of the Bidhannagar Municipal Corporation, that Bidhannagar Municipal Corporation had also issued a stop work notice in respect of the building in question.

….”

The petitioners have raised objections to the report by filing an affidavit.

In an earlier writ petition (W.P.A. 28538 of 2023 – Md. Surabuddin Piyada v. State of West Bengal & Ors.), the petitioner therein, who is respondent nos.8 in this matter, alleged unauthorised construction at the behest of respondents nos. 9 to 12 in the present petition, at the relevant premises. A coordinate bench of this Court, by an order dated 16th April 2024, directed the municipal corporation to issue a decision in accordance with the law, after providing notice to all necessary parties, including the petitioners.

As per this order, the corporation heard the petitioners as well as respondents nos. 9 to 12 in the earlier round of proceedings. After hearing the parties, the corporation found that the building had been constructed without an approved plan and subsequently issued the demolition order.

However, the petitioners argue that, as co-

sharers of the property, they were entitled to prior notice from the corporation before the demolition order was passed. They also contend that the demolition order pertains to a property different from the one described in this writ petition. The