Talat Ahmed vs Kolkata Municipal Corporation And Ors
2026 Latest Caselaw 849 Cal/2

Calcutta High Court

Talat Ahmed vs Kolkata Municipal Corporation And Ors on 12 February, 2026

OD-10
                       IN THE HIGH COURT AT CALCUTTA
                         Constitutional Writ Jurisdiction
                                ORIGINAL SIDE

                                 WPO/756/2025

                              TALAT AHMED
                                   VS
                 KOLKATA MUNICIPAL CORPORATION AND ORS


  BEFORE:
  The Hon'ble JUSTICE RAJA BASU CHOWDHURY
  Date : 12th February, 2026.

                                                                         Appearance:
                                                            Mr. Rachit Lakhmani, Adv.
                                                                    Mr. N. Berlia, Adv.
                                                                Ms. Arfa Jabeen, Adv.
                                                                   ...for the petitioner

                                                       Mr. Rajdeep Majumdar, Sr. Adv.
                                                                   Mr. A. Mondal, Adv.
                                                            ...for respondent nos 8-10.

Mr. D. Mukherjee, Adv.

Mr. P. Jana, Adv.

...for the State.

Mr. Nilotpal Chatterjee, Adv.

Mr. Gopal Chandra Das, Adv Ms. Ananya Das, Adv.

...for KMC.

1. Today the municipality has placed before this Court the report dated

3rd February, 2026 and would submit that on the basis of the

complaint lodged by the petitioner, an inspection was carried out by

the department and it was found that the construction works were

going on in the existing eight storied building situated at premises no.

50 Chowranghee Road, Ward no. 63, Borough- VII, Kolkata-700 071.

2 WPO/756/2025

2. The report would further reveal that the person responsible had failed

to produce any relevant document concerning the construction in the

above-mentioned premises and accordingly notice under Section 401 of

the Kolkata Municipal Corporation Act, 1980 (hereinafter referred to as

'the said Act') was issued on 2nd September, 2024. Due intimation in

this regard was also forwarded to the police authorities.

3. A demolition sketch/infringement statement of the unauthorized

construction was prepared and was placed before the authority on 3 rd

December, 2024.

4. Following the above, the file was approved by the Mayor-in-Council

vide item no. M-52.86 dated 8th January, 2025 under Section 400(8) of

the said Act. Copy of the agenda of the Mayor-in-Council meeting held

on 8th January, 2025 has also been placed before this Court.

5. Let the report dated 3rd February, 2025 and the copy of the minutes of

the meeting of the Mayor-in-Council dated 8 th January, 2025 be taken

on record.

6. The learned Advocate for the private respondent would submit that

requisite indemnity and SOP has already been submitted for running

the business of resto-pub on the roof-top, with the municipal

authorities.

7. He, however, could not produce any documents and seeks for an

accommodation. Accordingly, let the hearing of the writ petition stand

over till 17th February, 2026.

3 WPO/756/2025

8. The Officer-in-Charge of the concerned police station is directed to file

a report as regards the steps taken by the police authority in

furtherance to the notice issued by the municipal authority.

(RAJA BASU CHOWDHURY, J.)

S.Seal