Authority: High Court of West Bengal
Order Date: 23 September 2026
Case Overview
- Petitioners: Madhusudan Maity and another (Anr.) filed a writ petition challenging an order dated 29 May 2026 passed under Section 218 of the West Bengal Municipal Act, 1993, issued by South Dum Dum Municipality.
- The municipal order directed demolition of a septic tank constructed by the petitioners on the north‑west corner passage, measuring about 8.49 sq ft, which was outside the petitioners' boundary, based on an inspection report dated 9 February 2026.
- Petitioners argued that the order did not identify the portion to be demolished and, having not preferred an appeal, sought relief through the writ petition.
- The Court observed that the Board of Councilors' order explicitly identified the portion to be removed, was supported by the inspection report, and therefore could not be deemed perverse.
- The Court reiterated that under Article 226 of the Constitution, it cannot interfere with the factual findings of the municipal authority and found no jurisdictional defect in the order.
Final Outcome
- The writ petition was dismissed in its entirety by Justice Raja Basu Chowdhury.
Topics: Municipal Law, Property Demolition