Amit Basu vs The Kolkata Municipal Corporation & Ors
2026 Latest Caselaw 292 Cal/2

Calcutta High Court

Amit Basu vs The Kolkata Municipal Corporation & Ors on 29 January, 2026

OD-01

                         WPO/751/2025
                IN THE HIGH COURT AT CALCUTTA
              ORDINARY ORIGINAL CIVIL JURISDICTION


                             Amit Basu
                               Versus
               The Kolkata Municipal Corporation & Ors.


Before:
The Hon'ble Justice RAJA BASU CHOWDHURY
Date: 29th January 2026

                                                               Appearance:
                                              Mr. Jaydip Kar, Sr. Advocate
                                             Ms. Piyali Sengupta, Advocate
                                       Mr. Bhaskar Bhattacharya, Advocate
                                                Ms. Jyoti Rauth, Advocate
                                              Ms. Nafisa Yasmin, Advocate
                                                          for the petitioner
                                           Mr. Sandipan Banerjee, Advocate
                                               Mr. Gopal Ch. Das, Advocate
                                                              for the KMC
                                                Mr. Falguni Jana, Advocate
                                                  for the respondent no.11

Mr. Biswaroop Bhattacharyya, Advocate Mr. Bratin Kr. Dey, Advocate Mr. Anjana Banerjee, Advocate for the respondent nos. 12 & 13

1. Pursuant to the order dated 11th December 2025 the

municipality claimed to have carried out an inspection at the premises

no. B/16/1B/H/2, Nandalal Bose Lane, Ward No.7, Borought - I,

Kolkata - 700 003. The inspection/inventory report as disclosed by the

municipality would, however, show startling facts.

2. Contrary to the case made out by the parties before this

Court, it now transpires that the said building has been completed and

24 flats have been constructed. Out of the aforesaid, it transpires that

save and except four flats being flat nos. A3, A4 and A6 which are on the

ground floor and flat no.D2 which is on the third floor, all other flats are

shown to be occupied. From the submission of Mr. Banerjee, learned

advocate for the municipality made in Court today it would transpire that

no occupancy certificate has been issued as yet.

3. Having regard to the peculiar facts noted above, I am of the

view that the municipality must serve appropriate notices on the persons

who are occupying the flats, as detailed in the inspection/inventory

report, to disclose their authority to occupy the said building and/or

respective flats without the occupancy certificate. The aforesaid exercise

must be completed by the municipality by giving opportunity of hearing

to the concerned occupiers and the owners.

4. Let it be recorded that a copy of the aforesaid

inspection/inventory report has already been supplied to Mr.

Bhattacharyya, learned advocate representing the respondent nos.12 and

13. The Corporation shall supply a copy of the above report to the other

contesting respondents. The private respondents shall be at liberty to use

an exception to the report on or before the matter is taken up next. The

municipality must ensure that the flats, which are not at present

occupied, remains in the same state till the disposal of the writ petition.

5. The interim order passed earlier shall continue till the end of

April, 2026 or until further orders whichever is earlier.

6. List this matter under the heading "To Be Mentioned" on 26 th

February 2026 for filing of the report by the municipality.

(RAJA BASU CHOWDHURY, J.)

R. Bose