Authority: Calcutta High Court
Order Date: 23 August 2026
Case Overview
- Petitioners: Anita Das (and co‑petitioners) residing at premises 51/1A & 51/1B, Satish Mukherjee Road, Ward 84, Borough VIII, Tollygunge, Kolkata – 700026.
- Respondents: Kolkata Municipal Corporation (KMC) and the State (appearing virtually).
- The writ petition challenges a demolition order dated 18‑19 August 2026 issued by the Special Officer (Building), KMC under Sections 400(1) and 416 of the Kolkata Municipal Corporation Act, 1980, and a notice dated 21 August 2026 issued by the Executive Engineer (C)/BR‑VIII.
- The demolition order targets approximately 1500 sq.m of unauthorized construction on a Grade‑I heritage site registered with the Board of WAQF, which includes a heritage mosque, mansard and tombs of Tipu Sultan, and notes that about 500 families have encroached on the site.
- Petitioner's claim: the order is an eviction order, not a Section 400(1) order, and he was not afforded the statutory 30‑day period to prefer an appeal under Section 400(3).
- State's position: the demolition is a requisition issued by municipal authorities.
- KMC's stance: prior notice of illegal construction was given; petitioner continued to occupy the illegal portion, justifying demolition.
Final Outcome
- The Court held that the petitioner was not given a meaningful opportunity to appeal under Section 400(3); therefore, the demolition order dated 18/19 August 2026 cannot be implemented for a period of 30 days from its date.
- The notice dated 21 August 2026 issued by the Executive Engineer (C)/BR‑VIII is quashed.
- The writ petition (WPA 22679 of 2026) is disposed of.
- No affidavit in opposition was called; the allegations in the writ petition are deemed not admitted by the respondents.
- All parties shall act on the server copy of this order downloaded from the Court’s official website.
- The related pending writ petition WPA 21950 of 2026 is to be placed on the supplementary list on 24 August 2026.
Topics: Legal Dispute, Heritage Conservation