WPA(P)/333/2026 of RASHED RASHID Vs STATE OF WEST BENGAL AND ORS. on 22 July 2026

1. Affidavit of service filed in the Court be taken on record.

2. The present writ petition has been preferred in the nature of a public interest litigation, praying for a direction upon the concerned authorities of the Kolkata Municipal Corporation to demolish the alleged illegal construction raised by the private respondents at premises No. T-116B, Park Street, Kolkata – 700017, Ward No. 65, Borough VII, Kolkata Municipal Corporation, Police Station – Beniapukur, Kolkata.

3. Mr. Deb Barman, learned advocate appearing for the petitioner, alleges that the private respondents have constructed a multi-storied building (G+6) in violation of the applicable statutory provisions and the Building Rules. He submits that such illegality was brought to the notice of the competent authority of the Kolkata Municipal Corporation; however, no effective steps have been taken to address the issue. Given this situation, the present writ petition has been preferred.

4. Mr. Ghosh, learned advocate appearing for the Kolkata Municipal Corporation, submits that upon inspection, it was found that there were certain violations of the Building Rules and deviations in the construction. Immediately thereafter, a notice under Section 401 of the Kolkata Municipal Corporation Act, 1980 was issued directing the private respondents to stop all construction activities. He further submits that subsequently, an FIR under Section 401A of the Act was lodged on 26th December, 2025. Thereafter, a notice under Section 400(1) of the Act was served upon the private respondents, a D-sketch map was prepared, and the proceedings are presently underway.

5. Mr. Mukherjee, learned advocate appearing for the respondent no. 11, submits that, till date, no application has been received from any of the occupiers of the building seeking electrification of any room or part thereof, and that no allegation has been made against the respondent no. 11, nor has any relief been prayed for against the respondent no.

11.

6. Mrs. Dutta, learned advocate appearing for the State, produces written instructions and submits that the criminal case registered against the accused persons is under investigation. She further submits that the investigation will be completed shortly and the report shall be placed before the competent Court of law.

7. Since the documents produced on behalf of the Corporation reveal that the Corporation has already initiated proceedings under Section 400(1) of the Act against the private respondents and that an FIR has also been registered, pursuant to which investigation is underway, we direct the Kolkata Municipal Corporation to conclude the proceedings initiated in respect of the building within a period of six weeks from date.

8. With the aforesaid observation, WPA (P) 333 of 2026 is disposed of.

9. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, A.C.J.)