Facts
The petitioner in WPA 22458 of 2024 alleged illegal construction at Premises No. 88, Park Street, Kolkata, by Ravi Sanei and Park Guest House
Source reference: para. 2Despite court orders dated December 2, 2025, and December 16, 2025, the Kolkata Municipal Corporation (KMC) initially failed to appear or file a status report
Source reference: paras. 1-2Subsequently, KMC filed reports confirming illegal construction and issued a stop-work notice under Section 400(1) of the KMC Act against Ravi Sanei, though the report was vague regarding Park Guest House
Source reference: para. 2Meanwhile, an occupant filed WPA 7370 of 2026 challenging a demolition notice, which was initially stayed on March 31, 2026
Source reference: paras. 3-4Issues
1. Whether the Kolkata Municipal Corporation is required to conclude demolition and unauthorized construction proceedings against Ravi Sanei within a specific timeline
Source reference: para. 42. Whether the reports filed by KMC necessitate the initiation of formal proceedings against Park Guest House for alleged illegal construction
Source reference: para. 5Law Applied
The Court applied Section 400(1) of the Kolkata Municipal Corporation Act, 1980, which empowers the Municipal Commissioner to issue stop-work notices and initiate proceedings for the demolition or alteration of buildings erected without or in violation of sanctioned plans
Source reference: para. 2The court exercised its Constitutional Writ Jurisdiction to ensure the administrative body performed its statutory duty under the Act to bring illegal construction issues to a logical conclusion
Source reference: paras. 4-5Reasoning
The Court noted that KMC's reports admitted the existence of illegal construction at the subject premises
Source reference: para. 2the Court found the authorities' actions inconsistent, as they had proceeded against Ravi Sanei but remained "conspicuously silent" regarding Park Guest House despite their own report indicating illegalities there
Source reference: paras. 2, 4By directing an expedited conclusion of the Sanei proceedings and the immediate commencement of proceedings against Park Guest House, the Court sought to rectify the municipality's administrative delay and vagueness in enforcing the KMC Act
Source reference: paras. 4-5The Court determined that since the municipality was already active in the process, keeping the writ petitions pending would serve no further purpose provided strict timelines were imposed
Source reference: para. 4Holding
The Court disposed of both writ petitions with specific directions
Regarding Ravi Sanei, KMC was directed to conclude the proceedings within two weeks
Source reference: para. 4Regarding Park Guest House, KMC was ordered to initiate appropriate proceedings under the Kolkata Municipal Corporation Act within one week and bring them to a logical conclusion within four weeks thereafter
Source reference: para. 5The stay on the demolition notice in WPA 7370 of 2026 was effectively superseded by the direction to conclude the proceedings expeditiously
Source reference: para. 4Original Court PDF
M/S SEVEN POINT MOTORS PRIVATE LIMITEDvsTHE KOLKATA MUNICIPAL CORPORATION AND ORS
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