Samity And Anr vs The Kolkata Municipal
2025 Latest Caselaw 3202 Cal/2

Calcutta High Court

Samity And Anr vs The Kolkata Municipal on 27 November, 2025

OD-2 & 3
                 IN THE HIGH COURT AT CALCUTTA
                    Constitutional Writ Jurisdiction
                           ORIGINAL SIDE


                           WPO/1792/2022
                                With
                           IA No.GA/2/2024
                              GA/3/2024
                              GA/4/2025
                              GA/5/2025

                                 LANSDOWNE MARKET BABSAYEE
                                 SAMITY AND ANR.

                                          -VERSUS-

                                 THE KOLKATA MUNICIPAL
                                 CORPORATION AND ORS.

                           WPA/1787/2025

                                 SUSMITA BHOWMICK AND ORS.

                                          -VERSUS-

                                 THE KOLKATA MUNICIPAL
                                 CORPORATION AND ORS.

                            WPO/35/2025

                                 BISWANATH PAUL

                                          -VERSUS-

                                 THE KOLKATA MUNICIPAL
                                 CORPORATION AND ORS.

  BEFORE:
  The Hon'ble JUSTICE SHAMPA DUTT (PAUL)
  Date : 27th November, 2025.
                                                                        Appearance:
                                                         Mr. Anindya Lahiri, Sr. Adv.
                                                       Mr. Puspal Chakraborty, Adv.
                                                         Mr. Prisanka Ganguly, Adv.
                                                          Mr. Samrat Dey Paul, Adv.
                                             ...for the petitioner in WPO/1792/2022.
                                           2

                                                               Mr. Alak Kumar Ghosh, Adv.
                                                                     Ms. Manisha Nath, Adv.
                                                    ...for the petitioner in WPA/1787/2025.

                                                            Mr. Biswajit Mukherjee, Adv.
                                                            Mr. Gopal Chandra Das, Adv.
                                                                          ...for the KMC.

                                                                  Mr. Manoj Malhotra, Adv.
                                                           Mr. Manoj Kumar Mondal, Adv.
                                                        ...for the State in WPO/1792/2022.

                                                       Mr. Dwarika Nath Mukherjee, Adv.
                                                            Mr. Sagnik Bhattacharya, Adv.
                                                        ...for the State in WPA/1787/2025.

                                                            Ms. Manju Agarwal, Sr. Adv.
                                                                     Ms. Anju Manot, Adv.
                                                                    Ms. Ruchi Hallen, Adv.
                                                                ...for the respondent no.9.

The Court: As directed by the Court, respondent no.9 has placed

photocopy of the agreement and a copy of the renewal letter. Respondent no.9 has

also filed an affidavit showing the latest status of the development of the market

and a separate sheet has been placed showing alternative accommodation to be

provided to the writ petitioners in WPA/1787/2025. The arrangement and

infrastructure as stated by the respondent no.9 are denied by the said writ

petitioners.

Learned counsel appearing for the writ petitioner in WPO/1792/2022

prays for leave to inspect the copy of the agreement which has been filed by the

respondent no.9. Ms. Agarwal, submits that they are not ready and willing to

permit the said petitioners to inspect the said document.

It is submitted by Mr. Alak Kumar Ghosh, learned advocate appearing

for the petitioner in WPA/1787/2025 that the first phase has to be totally completed

and only then the next phase can be taken up for development. Admittedly, only

the ground floor and the first floor of the first phase is complete, as stated by the

respondent no.9, which is again denied by Mr. Ghosh.

Considering all these points and the materials on record, this Court

intends to go through the agreement and the judgment of the Division Bench to

consider as to whether the development of the property is being conducted as per

the agreement and the direction of the Division Bench.

In view of the said fact, the matter be listed on 8 th January, 2026 for

further hearing and necessary orders.

Considering the fact that at this stage this Court intends to go through

the agreement, necessary orders in respect of the prayers made by the petitioner

shall be considered on the next date.

(SHAMPA DUTT (PAUL), J.)

A.Sadhukhan