Authority: High Court at Calcutta (Constitutional Writ Jurisdiction, Vacation Bench)

Order Date: 4 November 2026

Case Overview

  • Petitioner: Drill Will Clubs and Hospitality Private Limited; Respondents: State of West Bengal, Kolkata Municipal Corporation (KMC) and others; Writ Petition No. WPO/527/2026.
  • Dispute concerns a rooftop structure at 20B Park Street, Kolkata; KMC issued notice under Section 401 on 19 April 2024 and later notice under Section 400(1) dated 27 October 2026 ordering demolition.
  • Petitioner argues that a State Level Committee for Fire Safety and Regulatory Compliances, constituted by memo No. 42‑CS/2025 dated 22 May 2025, permitted continued operation under a Standard Operating Procedure (SOP); claims demolition notice issued without hearing violates due process.
  • Court examined whether the committee’s resolution can supplant KMC’s statutory powers under Articles 243P‑W of the Constitution and concluded KMC retains authority to investigate and act on the structure’s legality.

Final Outcome

  • The Court stayed the demolition notice and cancelled the hearing scheduled for 17 November 2026.
  • KMC directed to furnish all documents relied upon by 19 November 2026.
  • Petitioner must file detailed objections by 27 November 2026; if no objection is filed, KMC may proceed with lawful steps.
  • The writ petition is disposed of.

Topics: Legal Dispute, Municipal Regulation