Authority: High Court at Calcutta, Constitutional Writ Jurisdiction, Original Side

Order Date: 9 July 2026

Case Overview

  • Petitioner: Aurangazeb Alamgir Khan (represented by Mr. Tarique Quasimuddin) alleging illegal and unauthorised construction at premises No.2, Saheed Nityananda Saha Sarani, Ward 42, Kolkata‑700001.
  • Respondents: Kolkata Municipal Corporation and others, including respondents nos. 9 and 10 who purchased the property in 2018 and deny any alteration.
  • Allegations: Unauthorised construction, alteration of ground floor, and a tin‑shed on the top floor not reflected in municipal records.
  • Municipal Investigation: Report countersigned by the Executive Engineer (Civil Buildings) dated 1 July 2026. Inspection found the existing building partly G+3 and partly G+4 (commercial) with a tin‑shed on the top floor; no new construction was observed and the building’s age could not be ascertained.
  • Legal Position: Petitioners sought a joint inspection and restoration of the premises; the municipality has initiated further processing under Section 400 of the Kolkata Municipal Corporation Act, 1980.

Final Outcome

  • The Court observed that the municipal report does not demonstrate any ongoing construction and that the municipality is already pursuing inquiry under the Act.
  • No direction was issued to the municipality at this stage.
  • The writ petition was disposed of, leaving the municipality free to take appropriate steps in accordance with law.

Topics: Illegal Construction, Municipal Regulation, Court Proceedings