Calcutta High Court
Mrinal Kanti Bhattacharya vs The Kolkata Municipal Corporation And … on 19 June, 2025
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
OD-3
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
ORIGINAL SIDE
APOT/85/2025
IA NO:GA/1/2025; GA/2/2025
MRINAL KANTI BHATTACHARYA
-VS-
THE KOLKATA MUNICIPAL CORPORATION AND ORS
BEFORE:
The Hon'ble JUSTICE RAJASEKHAR MANTHA
And
The Hon'ble JUSTICE AJAY KUMAR GUPTA
Date: June 19, 2025.
Mr. R. Chatterjee, Adv.; Mr. N.K. Das, Adv., appear.
Mr. B. Mukherjee, Adv.; Ms. S. Chatterjee, Adv., appear.
1. The Court: GA/1/2025: Sufficient grounds are available explaining the delay of
80 days in filing the appeal. The delay is condoned. GA/1/2025 is allowed and
disposed of.
2. The appellant is aggrieved by the order dated September 24, 2024, passed by a
Single Bench of this Court.
3. It appears from the impugned order that unauthorised construction has been
noted by the KMC and a notice under section 401 of the Act has been issued.
4. It further appears from the submissions made by the parties and the instructions
of the counsel for the KMC that certain unauthorised work under the garb of
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repairs, allegedly not requiring the permission of the KMC under rule 3 sub-
clause (ii) of the KMC (Building) Rules, has been carried out.
5. Some portions have been demolished by the private respondent. Even after such
demolition, the KMC noticed further unauthorised construction. This is evident
from the instructions of the KMC addressed to the counsel, dated June 18, 2025,
which is kept on record.
6. Learned counsel for the appellant submits that the private respondent has
constructed an additional floor in the building and has also created a shaft for
the purpose of installation of a lift.
7. There are other deviations and unauthorised constructions made in the said
building that may affect its stability.
8. Having regard to the above, this Court directs the DG (Building) of the KMC to
effect an inspection of the building forthwith and take immediate and urgent
steps under the Act in respect of any unauthorised threat. It is expected that the
inspection is conducted within a period of seven days from date.
9. The private respondent shall not carry out any repairs or construction in the
building without the express consent in writing of the DG(Building) and in
accordance with the KMC Act and the KMC (Building) Rules framed thereunder.
10. The Officer-in-Charge, Muchipara P.S. shall render all assistance to the KMC and
its officials, inter alia, for enforcing the order under section 401 of the Act and to
facilitate inspection and assist the KMC as and when required by their officials.
11. The DG(Building) of the KMC shall give notice to the appellant and conduct
inspection in the presence of the appellant as well as the private respondent with
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prior notice to the Muchipara P.S. as also while undertaking any work and/or
responsibility under the Act and the Rules.
12. List this matter on July 17, 2025.
(RAJASEKHAR MANTHA, J.)
(AJAY KUMAR GUPTA, J.)
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