Authority: West Bengal High Court

Order Date: 01.09.2026

Case Overview

  • Petition: W.P.A. 23729 of 2026, Gita Sinha vs. The State of West Bengal & Ors.
  • Petitioners: Gita Sinha, represented by advocates Kingsuk Mondal, Suman Moitra, Shilpi Moitra, Suman Das.
  • Respondents: State of West Bengal (Amarendra Chakraborty, Rupsa Sreemani), Chairman (Respondent No.5) and Executive Officer (Respondent No.6) of Berhampore Municipality, and unnamed private respondents.
  • Relief Sought: A writ of mandamus directing the Chairman and Executive Officer of Berhampore Municipality to prevent and demolish illegal construction on Plot No. LR 5837, measuring 1 decimal, Mouza Saidabad, J.L. No. 100, Block & Police Station Berhampore, Ward No. 12, Manindra Road, District Murshidabad.
  • Background: The petitioner owns the residential building on adjacent Plot No. LR 5836. The private respondents are constructing a multistoried building on Plot LR 5837 without any sanctioned building plan, violating the West Bengal Municipal Building Rules, 2007, and without leaving statutory space. A representation was submitted to the Municipality on 28th August 2026, but no action was taken.
  • Municipal Authority's Position: The municipality is the sole authority to decide the issue raised in the representation.
  • Petitioner's Additional Submission: Request that the matter be referred to the municipal authority for inspection.
  • No appearance from private respondents or the Municipality during the hearing.

Final Outcome

  • The Court orders Respondent No.5 (Chairman, Berhampore Municipality) to conduct an inspection of the building on Plot LR 5837, either personally or through an authorized representative.
  • Prior intimation of the inspection date must be given to both the petitioner and the private respondents, and the inspection must be conducted in their presence.
  • If the inspection finds any illegal construction or contravention of the 2007 Rules, the Municipality shall, after affording a personal hearing to both parties, take appropriate steps in accordance with law.
  • The entire inspection and any subsequent action must be completed within six weeks from the date the copy of this order is received.
  • During this period, the private respondents are prohibited from carrying out any further construction on the said plot.
  • No order as to costs.
  • An urgent certified photocopy of the order may be obtained by the parties upon compliance with usual formalities.

Topics: Legal Enforcement, Municipal Building Regulation, Construction Compliance