SUBHANKAR CHOWDHURY vs THE KONNAGAR MUNICIPALITY AND ORS.

Form No.J(2)

IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
Present :

The Hon’ble Justice Raja Basu Chowdhury

WPA 12447 of 2025

Subhankar Chowdhury
Versus
The Konnagar Municipality & Ors.
With
WPA 24956 of 2026

Ghosh Construction & Anr.
Versus
The State of West Bengal & Ors.

For the petitioner : Mr. Kallol Basu
In WPA 24956 of 2026 Mr. Bratin Kumar Dey
and the respondent no. Mr. Prasenjit Debnath
5 in WPA 12447 of 2025 Mr. Atreya Chakraborty

For the Municipality : Mr. Rajendra Chaturvedi

Heard on : 30.07.2026 & 15.09.2026

Judgment on : 15.09.2026

Raja Basu Chowdhury, J (Oral):
1. The writ petition, being WPA 12447 of 2025 (being the first writ
petition herein) has been filed, inter alia, praying for a direction
upon the respondent municipal authorities to cause an enquiry and
submit a report as regards the illegal construction carried out at
holding no. 29 Rammohan Place, Ward No.17 under Konnagar
Municipality (hereinafter referred to as the said premises).

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WPA 12447 of 2025
With
WPA 24956 of 2026
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2. When the writ petition came up for consideration on 30 July,
2026, the learned advocate for the petitioner in the first writ
petition was interested to withdraw the writ petition, this Court,
however, noting that the petition concerns the allegation of illegal
construction and since the illegal construction constitutes social
evil, the prayer for withdrawal was rejected. Consequentially, the
municipality was directed to carry out an inspection at the locale
and file a report before this Court when the matter is taken up next.
3. Today, the municipality has filed report, which is taken on record.
4. At this stage, the respondent no. 5 in the first writ petition would
submit that a writ petition, being WPA 24956 of 2026 (being the
second writ petition) is pending consideration before this Court,
wherein the said respondent has challenged the purported
unilateral cancellation of the completion certificate issued by the
municipal authorities regarding the said premises.
5. Considering the peculiar facts and noting that both the writ
petitions are in relation with the said premises, this Court had
directed the writ petition, WPA 24956 of 2026 to be listed in the
supplementary list today and accordingly, in presence of the
parties, both the writ petitions are taken up for consideration.
6. Mr. Basu, learned advocate representing the petitioner in the
second writ petition and the respondent no.5 in the first writ
petition would submit that the municipal authorities without
providing any opportunity of hearing to the petitioner in the second

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WPA 12447 of 2025
With
WPA 24956 of 2026
writ petition and without any rhyme or reasons has purported to
cancel the completion certificate. The same according to him is
arbitrary, whimsical and cannot be sustained. In any event, he
would submit that the petitioner in the second writ petition should
be given an opportunity to consider the report filed in Court today
by the municipality.
7. Having heard the learned advocates appearing for the respective
parties and having considered the materials on record, I find that
on the basis of the disclosure made by the municipal authorities,
the municipality had sanctioned the plan to construct ground floor
to fifth floor having covered area of 233.60 sq. mtr., each floor.
According to the report, the mandatory open space in the
sanctioned plan is 1.20 mtr. on the northern side, 3.00 mtr., on the
southern side, 1.50 mtr., on the eastern side and 1.20 mtr., on the
western side. The report further records that the total sanctioned
height of the building is 17.10 mtr. and the road width is 3.657 mtr.
Incidentally, the report would reveal that on the northern side
instead 3.00 mts., the ground open space is 1.20 mtr. Further from
st th
the 1 to 5 floor the open space is only 0.45 mtr. On the western
side though the ground floor has been maintained at 1.20 mtr., as
st th
per the sanctioned building plan, from 1 to 5 floor open space
has been maintained only at 1.00 mtr. Again on the eastern side
st
though the open space is 1.50 mtr., however, the same from 1 to
th
5 floor is only 1.05 mtr.

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WPA 24956 of 2026
8. Incidentally, the sub-assistant engineer did not deem it fit to
include in its report the entire covered area which has been
constructed though he has recorded what would be the covered
area from the ground floor to fifth floor.
9. Be that as it may, at this stage, this Court without finally
adjudicating the same is of the view having regard to the above
disclosure it shall only be appropriate to direct the municipal
authorities to initiate a proceeding under Section 218 of the West
Bengal Municipal Act, 1993 and to bring the said proceeding to a
logical conclusion on an expeditious basis by passing a reasoned
order.
10. In the order the municipality must determine the exact area
which was sanctioned on each floor and the exact area which has
been constructed. For the said purpose, a further inspection may be
carried out by the municipal authorities in presence of the parties
and such report and the inspection should be reflected in the order
to be passed by the Board of Councillors/Administrator of the
municipality. The report must be circulated to the parties before the
decision is taken.
11. Till such time a decision is taken by the municipal authorities, no
further construction shall be permitted.

12. Let a notice to be pasted by the municipality on the outer wall of
the premises as regards the nature of illegal construction, prima

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WPA 12447 of 2025
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WPA 24956 of 2026
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facie, noted by the municipality in its report dated 11 September,
2026.
13. With the above observations and directions, the writ petition,
being WPA 12447 of 2025 stands disposed of.
14. In view of the disposal of the first writ petition, nothing survives
in the second writ petition, especially when illegal construction has
been noted, though the same is only treated to be prima facie at this
stage. Accordingly, the second writ petition, being WPA 24956 of
2026 also stands disposed of.
15. Let the appointment of Mr. Rajendra Chaturvedi, learned
advocate for the Konnagar Municipality in WPA 24956 of 2026 be
regularized.
16. Urgent Photostat certified copy of this order, if applied for, be
made available to the parties upon compliance of requisite
formalities.

(Raja Basu Chowdhury, J . )
sb
A.R. (Court)