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Form J(2)

Sl.No.5

Sc

In the High Court at Calcutta

In the Circuit Bench at Jalpaiguri

Constitutional Writ Jurisdiction

Appellate Side

Present:

The Hon’ble Justice Aniruddha Roy

WPA 446 OF 2026

Swati Dey

VS.

Siliguri Municipal Corporation & Ors.

For the petitioner : Mr. Sanjay Mazoomdar, Adv.

For the Respondent Nos. 1,2 & 3/ SMC

: Mr. Bijoy Bikram Das, Adv.

Mr. Deborshi Dhar, Adv.

For the Respondent Nos. 4 to 6 & 8

: Mr. Sayan De, Adv. (VC)

Ms. Esha Acharya, Adv.

For the Respondent No. 9

: Mr. Rahul Ghatak Adv. (VC)

Heard on : May 21, 2026

Judgment on : May 21, 2026

[In Court]

Aniruddha Roy, J. :

1. Mr. Sanjay Mazoomdar, learned Advocate appears for the petitioner.

WPA 446 of 2026

A.Roy, J.

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2. Mr. Deborshi Dhar, learned Advocate appears for the respondent nos. 1

to 3/municipal corporation.

3. Mr. Sayan De, learned Advocate (VC) with Ms. Esha Acharyya, learned

Advocate appears physically for the respondent no. 4 to 6 and 8.

4. Mr. Rahul Ghatak, learnred advocate appears for the respondent no.9.

5. On the prayer of Mr. Sanjay Mazoomdar, learned Advocate appearing for

the petitioner leave is granted to the petitioner to file a supplementary

affidavit. The supplementary affidavit, filed in Court today, is taken on

record. Copy has been served.

6. The petitioner claims to be owner of a particular premises within the

municipal jurisdiction of the respondent no.1.

7. Respondent no.9 is the husband of the petitioner. The relation between

them is such, as submitted by the petitioner and the respondent no.1

that, they do not have any communication between themselves though

they reside under the same roof.

8. The respondent nos. 4 to 6 and 8 claim that, they have purchased their

respective flats at the same premises.

9. The allegation is for unauthorized construction at the premises.

10. Mr. Deborshi Dhar, learned Advocate appearing for the respondent

nos. 1 to 3/municipal corporation submits that, the issue had already

travelled up to the desk of the Commissioner. Ultimately an order of

demolition has been passed on February 27, 2026. The demolition

WPA 446 of 2026

A.Roy, J.

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order dated February 27, 2026 is annexed to the supplementary

affidavit as Annexure-P3 at page 3 thereto.

11. Learned Advocate for the municipal corporation submits that,

following the due process of law and upon serving proper notice of

hearing, the hearing took place and demolition order has resulted. The

hearing was attended by the respondent no.9/husband along with his

advocate.

12. The record shows that, prior hearing notice was served upon the

petitioner and she has accepted it by putting her signature on the receipt

copy. Copies of the relevant records, placed before this Court from the

end of the municipal corporation, are taken on record.

13. Mr. Sayan De, learned Advocate (VC) with Ms. Esha Acharyya,

learned Advocate appearing for the alleged flat owners/respondent nos. 4

to 6 and 8 submits that, respondent no.9/husband of the petitioner has

constructed substantial illegal and unauthorized construction at the

premises including at the roof. The flat owners have also lodged

complaints before the municipal corporation in this regard.

14. Respondent no.9/husband submits that, no prior notice of hearing

was served upon him and the petitioner submits that, the order of

demolition was passed in her absence.

15. Mr. Deborshi Dhar, learned Advocate appearing for the municipal

corporation has denied and disputed the submissions made by the

respondent no.9/husband as also by the petitioner.

WPA 446 of 2026

A.Roy, J.

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16. After hearing the rival submissions of the parties and on perusal of

the materials on record this Court finds that, correctly or incorrectly an

allegation of unauthorized construction in deviation of the sanctioned

building plan is there on record and the same needs to be addressed by

the jurisdictional municipal authority forthwith. Though the order of

demolition is there on record dated February 27, 2026 but the

allegations and counter allegations of the parties, as recorded above,

woul