Citation : 2026 Latest Caselaw 971 Cal/2
Judgement Date : 16 February, 2026
OD-1 ORDER SHEET
CC No.103 of 2025
Arising out of
WPO No.451 of 2024
IN THE HIGH COURT AT CALCUTTA
Special Civil Jurisdiction (Contempt)
ORIGINAL SIDE
ZAMIR KHAN
-VS-
PANKAJ SARKAR
BEFORE:
The Hon'ble JUSTICE AMRITA SINHA
Date:16th February, 2026.
Appearance:
Mr. Prasenjit Mukherjee, Adv.
Md. Shakir, Adv.
Mr. Nirmlaya Kr. Das, Adv.
For the Petitioner.
Mr. Gopal Chandra Das, Adv.
Ms. Ananya Das, Adv.
For the KMC/Contemnor.
1.
A completely unauthorized six storied construction made without sanction
at premises No.45A/H/3, Canal East Road, Ward No.29, Borough-III of the
Kolkata Municipal Corporation has not been demolished despite an order of
demolition being passed by the Special Officer (Building) on 21 st October,
2024 and approved by the Mayor-in-Council vide resolution dated 8 th
January, 2025.
2. The order of demolition cannot be acted upon allegedly because of pendency
of an appeal before the Municipal Building Tribunal being B. T. Appeal
No.19 of 2025. The Court has not been made aware of the reason of
pendency of the appeal.
3. Learned advocate appearing for the petitioner is not aware about the
pendency of the said appeal.
4. The department inspected the site on 16th January, 2026 and found the
building to be fully occupied.
5. Re-list the contempt application for further consideration on 16 th March,
2026.
6. The case status of the appeal shall be placed before this Court on the
adjourned date.
7. It will be open for the writ petitioner to take necessary steps before the
Municipal Building Tribunal.
8. Report filed by the engineers of the Corporation signed on 10 th September,
2025 and 17th January, 2026 be retained with the records.
9. The surname of the contemnor was wrongly recorded in the order dated
19th January, 2026. The proper surname shall be read as 'Sarkar' instead
of 'Dutta'.
(AMRITA SINHA, J.)
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