CPAN/207/2026 of BHABANI SEN AND ANR Vs DHAVAL JAIN, IAS, THE COMMISSIONER, KMC AND ORS on 22 May 2026

1. The present contempt petition arises out of the alleged non-compliance with the order dated 30.04.2025. By virtue of the said order, this Court had directed that the building plan be sanctioned upon the petitioners furnishing all relevant documents in support of their application within a period of four weeks therefrom. The respondent- Kolkata Municipal Corporation ("KMC") was further directed to take a reasoned decision upon the petitioners' application for sanction of the building plan within six weeks thereafter.

2. Learned Counsel appearing on behalf of the respondent-KMC submits that, as of date, the petitioners have failed to furnish all relevant documents, more particularly the No Objection Certificate ("NOC") from the Kolkata Metropolitan Development Authority ("KMDA"). It is further submitted that the NOC certificate previously produced by the petitioners was found to be false and fabricated, and that the KMDA itself, vide its

2 letter dated 17.03.2025, had formally communicated to the KMC that the said certificate was false and fabricated.

3. Having regard to the aforesaid, this Court is of the considered opinion that the present contempt petition is not maintainable, inasmuch as the petitioners have themselves failed to comply with the antecedent directions issued by this Court. In the absence of such compliance on the part of the petitioners, no case of wilful disobedience or contempt is made out against the respondent-KMC.

4. Accordingly, the present contempt petition stands dismissed.

(Gaurang Kanth, J.)