Authority: Calcutta High Court
Order Date: 01 July 2026
Case Overview
- Parties: Petitioners Ajay Makharia & Ors. vs Respondents Bidhan Upadhyay (Mayor), Asansol Municipal Corporation & Ors.
- Background: On 7 April 2026 the Court directed the Municipal Corporation to serve the copy of the inspection report on which the demolition order dated 9 September 2025 was based, within ten days, and to decide the issue afresh within fifteen days.
- Alleged Contempt: Petitioners claimed the Corporation violated the Court’s direction by issuing a demolition order on 30 April 2026 without having served the required inspection report.
- Corporation’s Submission: The Corporation produced a “Site Inspection Report” dated 22 April 2026, which was based on a physical inspection carried out on 25 July 2025. The report was served on the petitioners by a letter dated 22 April 2026, and a notice dated the same day summoned the petitioners to a hearing on 28 April 2026.
- Court’s Findings: The Court observed that the report pertaining to the 25 July 2025 inspection had indeed been served on 22 April 2026, i.e., before the 30 April 2026 demolition order. Consequently, the Corporation had complied with the 7 April 2026 direction. The Court also noted that the earlier order dated 23 March 2026 had been set aside by the same 7 April 2026 order.
Final Outcome
- The Court held that there was no prima facie violation of its 7 April 2026 order; therefore, the contempt proceeding is dropped.
- CPAN 604 of 2026 is disposed of; any connected applications stand disposed of, and any interim order, if any, is vacated.
- An urgent photostat certified copy of this Order may be supplied to the parties after due compliance.
Topics: Legal Proceedings, Municipal Governance