Authority: Court No. 12
Order Date: 17 July 2026
Case Overview
- Parties: Md. Zarrar Hussain & Ors. (appellants) vs. Shams Tabrez Khan & Ors. (respondents); Kolkata Municipal Corporation (KMC) intervenes.
- Applications: CAN 1 of 2026 (leave to prefer appeal) and CAN 2 of 2026 (connected application); writ petition WPA 1127 of 2026 pending before a Single Judge.
- Key issues raised: (a) locus of occupiers to challenge proceedings; (b) applicability of Section 400(8) of the Kolkata Municipal Corporation Act concerning hazardous or unsafe constructions; (c) illegal height of the structure (G+6 built vs. G+3 permission).
- Construction details: The building is a G+6 structure; permission was granted only for G+3. The 6th floor has been demolished; demolition of the remaining portion is awaited.
- Procedural notes: The matter is scheduled before the learned Judge on 20 July 2026. KMC will conduct an inspection to determine the number of occupiers and their mode of use, and submit a report before the next hearing.
- Advocacy positions: KMC counsel argues that only the person responsible for the illegal construction need be heard, citing High Court decisions. Appellants' counsel contends that the time‑lapse has rendered Section 400(8) provisions ineffective.
Final Outcome
- Leave to prefer the appeal is granted.
- CAN 1 of 2026 is allowed; the order dated 2 July 2026 by the Single Judge is not interfered with.
- The appeal and the connected application (CAN 2 of 2026) are disposed of.
- Parties are directed to act on the basis of the server copy of this order.
- The question of whether occupiers have any right to prevent or resist demolition is left open for determination by the learned Judge on the scheduled date.
Topics: Illegal Construction, Municipal Enforcement