Authority: Calcutta High Court, Circuit Bench at Jalpaiguri
Order Date: 29 July 2026
Case Overview
- Appeal (MAT 68 of 2026) filed by Santosh Poddar (appellant) against Rajesh Kumar Agarwal & others (respondents) and Siliguri Municipal Corporation.
- The appeal challenges the order dated 10 July 2026 in WPA 1076 of 2026, where a Single Judge directed that the application for regularisation of minor deviations be considered by the corporation and stayed demolition.
- Under the West Bengal Municipal Corporation Act, 2006, only deviations up to 5% may be regularised; major deviations cannot. The corporation found serious, unauthorized deviations from the sanctioned plan and ordered removal of unauthorized portions by 10 June 2026. The petitioner failed to comply; partial demolition occurred before the writ petition was filed, and further demolition was stayed.
- The High Court noted that issues regarding regularisation should be raised before the writ court and set aside the direction to the corporation to consider regularisation.
Final Outcome
- The impugned order is modified: the Siliguri Municipal Corporation is prohibited from carrying out any further demolition for a period of one month.
- The appellant is instructed to make a sincere effort to have the writ petition heard.
- The corporation and the appellant must file affidavits‑in‑opposition within one week; any reply must be filed within the subsequent week.
- Both parties acknowledge that vital information and documents were suppressed in the writ petition; these will be disclosed in the affidavits.
- The corporation will inform the writ petitioner of this order, and a certified copy of the impugned order shall be furnished to the department.
- The appeal and the connected application are disposed of, and parties are directed to act on the server copy of the order.
Topics: Legal; Municipal Regulation; Court Order