Subodh Kumar Agarwal And Ors vs Kolkata Municipal Corporation And Ors
2026 Latest Caselaw 4113 Cal/2

Calcutta High Court

Subodh Kumar Agarwal And Ors vs Kolkata Municipal Corporation And Ors on 13 May, 2026

Author: Shampa Sarkar

Bench: Shampa Sarkar

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                              ORDER SHEET
                     IN THE HIGH COURT AT CALCUTTA
                      CIVIL APPELLATE JURISDICTION
                              ORIGINAL SIDE

                                APO/14/2026
                             IA NO: GA/1/2026
                     SUBODH KUMAR AGARWAL AND ORS.
                                    VS
                  KOLKATA MUNICIPAL CORPORATION AND ORS.


  BEFORE:
  The HON'BLE JUSTICE SHAMPA SARKAR
  The HON'BLE JUSTICE AJAY KUMAR GUPTA
  Date: 13th May, 2026.

                                                                      Appearance:
                                                            Mr. N. K. Ghosh, Adv.
                                        Mr. Pradyut Kr. Das, Adv. ...for appellants.

                                                    Mr. Nilotpal Chatterjee, Adv.
                                        Ms. Tanushree Dasgupta, Adv. ...for KMC.

                                               Mr. Biswaroop Bhattacharya, Adv.
                                                  Mr. Sounak Bhattacharya, Adv.
                                                        Mr. Sounak Mondal, Adv.
                                  Mr. Abhirup Halder, Adv. ...for respondent no.10.

The Court: As there appears to be contrary stand taken by the

Corporation, we are of the view that an inspection of the premises in question

should be held by a team of qualified engineers constituted by the Chief

Engineer Building, Kolkata Municipal Corporation, in order to ascertain

whether construction of the 7th and 8th floor of the building situated on 1, G.

C. Avenue, Ward No.046, Borough-VI was authorised or unauthorised. The

engineering team will indicate the approximate age of those floors, upon

making inspection. Such inspection shall be held in the presence of the

occupants of the building as also the respondent no.10 and other occupants.

The respondents have raised a contention that the order of the

Special Officer [Building] is an appealable one and the learned court had

rightly dismissed the writ petition.

We are of the, prima facie, view that the order of the Special Officer

[Building] does not constitute determination of the issues involved. It is

merely an opinion.

Under such circumstances, let this matter appear two weeks after

the ensuing summer vacation, when the report shall be filed before the court.

(SHAMPA SARKAR, J.)

(AJAY KUMAR GUPTA, J.)

pkd.