Authority: Calcutta High Court (Division Bench of Hon'ble Justices Shampa Sarkar & Smita Das De)

Order Date: 14 August 2026

Case Overview

  • Parties: Appellant – Bhagwatdas Jaiswal; Respondents – Kolkata Municipal Corporation (KMC) and multiple respondents (Nos. 16‑19) including Metro Retail Private Limited (respondent No. 19).
  • Nature of dispute: Whether the Certificate of Enlistment dated 7 April 2025, issued to respondent No. 19 for premises No. 39 Bentinck Street (formerly Paradise Cinema Hall), was valid despite alleged illegal conversion of an assembly building into a mega‑garment store (M‑Bazaar) without permission under Section 416 of the Kolkata Municipal Corporation Act, 1980.
  • Key procedural history:
  • WPO No. 491/2025 dismissed by a Single Judge on 29 June 2026 without relief to the appellant.
  • Multiple interim orders were passed between May 2024 and January 2025 concerning cancellation and re‑issuance of the Certificate of Enlistment, contempt proceedings, and directions to the Additional Municipal Commissioner to verify occupancy documents.
  • Special Officer (Building) issued an order on 4 December 2024 disallowing the change of use and cancelling the earlier Certificate of Enlistment (dated 30 Nov 2023).
  • Respondents 18‑19 obtained a second Certificate of Enlistment on 7 April 2025 despite the pending disallowance.
  • Various appeals (APOT 85/2025, APOT 136/2025, APOT 297/2024) and Special Leave Petitions (SLP 20297/2024, SLP 20894‑20896/2024) were filed, resulting in stays, interim orders, and directions for the Municipal Building Tribunal to hear the matter.
  • Legal provisions invoked: Section 416 (prohibition on change of use), Sections 400(1) & 401 (demolition and stoppage orders), Sections 390(2)(d) & 390(2)(f) (definitions of assembly and mercantile buildings), and relevant building rules (2009) concerning ground coverage and parking.
  • Observations by the Court:
  • The Special Officer’s findings that the conversion was unauthorised and violated the sub‑lease were substantive and remained operative until set aside by a competent authority.
  • The Certificate of Enlistment is not a permission to change use; it merely confirms enrolment for tax purposes and cannot override Section 416.
  • The appellant, though also operating a food stall, had locus to challenge the illegal conversion because the Certificate enabled unauthorised mercantile use.
  • The Division Bench orders allowing the business to continue were superseded by the Apex Court’s stay in SLP 20297/2024.
  • The Municipal Building Tribunal has not yet granted any interim protection to respondents 18‑19; therefore the disallowance stands.

Final Outcome

  • The Court directs the Kolkata Municipal Corporation to ensure that the garment business (M‑Bazaar) at 39 Bentinck Street is immediately stopped until proper change‑of‑use permission is obtained.
  • The earlier cancellation of the Certificate of Enlistment (30 Nov 2023) remains effective; any subsequent issuance is deemed void.
  • The Municipal Building Tribunal is ordered to dispose of the pending appeal of respondents 18‑19 within two months of this order.
  • Applications for stay of the judgment (G.A 2/2026) and further contempt applications are rejected.
  • Photocopies of the judgment may be supplied upon request after compliance with formalities.

Topics: Change of Use; Municipal Regulation