WPA/24235/2026 of RANJIT CHAKRABORTY AND ORS Vs KOLKATA MUNICIPAL CORPORATION AND ORS on 11 September 2026

1. The present writ petition has been filed, inter alia, praying for an appropriate writ and/or order, directing the competent authorities of Kolkata Municipal Corporation (for short, KMC) to remove the alleged unauthorized encroachment upon a portion of the footpath in front of the petitioners’ shop room situated at 60, Lenin Sarani, Kolkata

13.

2. Mr. Deb Roy, learned Advocate appearing for the petitioners, submits that the petitioners have been running a shop and carrying on their business activities from the shop room situated at premises no. 60, Lenin Sarani, Kolkata 13, which, according to him, is their sole source of livelihood. He submits that, all of a sudden, the private respondents and their men have encroached upon a portion of the footpath in front of the said shop room and have constructed thereon a structure resembling a temple, together with a boundary wall, thereby obstructing the use of the footpath by the general public and adversely affecting access to the petitioners’ shop room. According to him, such construction has also been made in a manner calculated to affect the religious sentiments of the people of the locality and is actuated by personal grudge against the petitioners, with the ulterior object of causing prejudice to their business and preventing them from freely carrying on their business activities from the said shop room.

3. He submits that the aforesaid facts were brought to the notice of the competent authorities of the KMC by way of a representation. However, despite receipt of such representation, no effective steps have been taken by the authorities, and the representation has remained unattended. Aggrieved thereby, the petitioners have been constrained to approach this Court by filing the present writ petition. He, accordingly, submits that a direction be issued upon the competent authority of the KMC to take appropriate steps for removal of such unauthorized encroachment and obstruction from the footpath in accordance with law.

4. Mr. Chakraborty, learned Advocate appearing for the Corporation, submits that the Corporation is keen to ensure that no portion of any footpath or public street within its territorial jurisdiction is unauthorizedly encroached upon or occupied by any person for any purpose. Referring to the

decision reported in

INSC 647, which was subsequently titled “Re: Fundamental Right to Walk on Footpath”, he submits that the right of pedestrians and citizens to use footpaths and public streets has been recognized by the Hon’ble Supreme Court. He submits that the Corporation shall cause an inspection to be conducted at the site and, if upon such inspection it is found that any portion of the footpath in front of the petitioners’ shop room has been encroached upon and/or occupied, thereby obstructing the use thereof by the general public and adversely affecting access to the petitioners’ shop room, appropriate steps shall be taken in accordance with law for removal of such unauthorized encroachment and/or obstruction.

5. Having heard the learned Advocates appearing for the respective parties and upon perusal of the materials on record, the present writ petition is disposed of by directing the respondent no. 5 to cause an inspection of the footpath situated in front of the petitioners’ shop room at premises no. 60, Lenin Sarani, Kolkata 13. If, upon such inspection, it is found that any portion of the said footpath has been encroached upon by putting up any unauthorized construction, the respondent no. 5 shall take appropriate steps, in accordance with law, for removal and/or demolition of such unauthorized construction.

6. Entire exercise will be carried out within a period of four weeks from the date of receipt of copy of this order.

7. With the aforesaid observation, the present writ petition is disposed of.

(Partha Sarathi Chatterjee, J.)