DISTRICT : South 24 Parganas.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A.
No. of 2026;
In
the matter of:
An
application under Article 226 of the Constitution of India;
And
In
the matter of:
Bhupal Naskar,
Son of Late Sudhir Chandra Naskar, aged about 64 years, residing at Village –
Tegharia, Dasani Para, Mission Pally, P.S. – Narendrapur,
District – South 24 Parganas,
Kolkata – 700150. Mobile No.: 8336040060.
______Petitioner
-Versus-
1)
The State of West Bengal, Service
through the Secretary, Department of Urban Development & Municipal Affair,
having it’s office at Nagarayan Bhavan, Block DF 8, Sector I, Salt Lake City,
Second Avenue, Bidhan Nagar, Kolkata – 700064.
2)
Rajpur Sonarpur Municipality, having
its office at Premises being no. 27, Netaji Subhash Chandra Bose Road, Post
Office – Harinavi, Police Station – Sonarpur, District – South 24 Parganas, Pin
– 700148.
3)
The Chairman, Rajpur Sonarpur
Municipality, having its office at Premises being no. 27, Netaji Subhash
Chandra Bose Road, Post Office – Harinavi, Police Station – Sonarpur, District
– South 24 Parganas, Pin – 700148.
4)
The Vice Chairman, Rajpur Sonarpur
Municipality, having its office at Premises being no. 27, Netaji Subhash Chandra
Bose Road, Post Office – Harinavi, Police Station – Sonarpur, District – South
24 Parganas, Pin – 700148.
5)
The Assistant Engineer, Building Department, Rajpur
Sonarpur Municipality, having its office at Premises being no. 27, Netaji
Subhash Chandra Bose Road, Post Office – Harinavi, Police Station – Sonarpur,
District – South 24 Parganas, Pin – 700148.
6)
The Superintendent of Police, Baruipur Police District, having
its office at 1st, 3rd & 4th Floor,
Commercial Complex, Zilla Parishad Bhaban, Baruipur Kulpi Road, Post Office
& Police Station – Baruipur, Kolkata – 700144, District South 24 Parganas.
7)
The Officer in Charge of Police, Naredrapur Police Station,
Kamalgazi More, Naredrapur, Kolkata – 700103, District South 24 Parganas.
____Respondents
8)
Sankar
Prashad Dalapati @ Sankar Dalapati, son of Naredranath Dalapati, residing at
Village – Tegharia, Narendrapur Station Road, near the 1st Gate of Sonargaon
Housing Co-operative Society Limited, P.O. – R.K. Pally, P.S. – Narendrapur,
District – South 24 Parganas, Kolkata – 700150.
______Private Respondent
To
The
Hon’ble Sujoy Paul, Chief Justice and His Companion Justices of the said
Hon’ble Court
The humble petition of the petitioner above named most respectfully;
SHEWETH:
1. That
the Petitioner is Citizen of India, and has been residing at the address given
in the cause title of the application.
2. That the subject matter of the
present writ petition pertains to a specific parcel of land situated at Mouza –
Tegharia, bearing J.L. No. 52, recorded under R.S. Dag No. 66 corresponding to
L.R. Dag No. 68, and comprised in L.R. Khatian No. 627. The said land is
recorded in the revenue records as “Shali”, which denotes agricultural land,
thereby attracting statutory restrictions with regard to its use, conversion,
and development. The total undivided portion involved is approximately 0.0301
decimals, out of which the present dispute concerns an area of about 0.02 acre
upon which the impugned construction has been raised.
Photostat copy of the property
information from Banglar Bhumi webportal, is annexed herewith and marked as
“Annexure – “P-1”
3. That the aforesaid land is
situated at Narendrapur Station Road, in close proximity to the 1st Gate of
Sonargaon Housing Co-operative Society Limited, within P.O. – R.K. Pally and
P.S. – Narendrapur, District – South 24 Parganas. The location of the said land
is within a developing residential zone, making it particularly sensitive from
the standpoint of planned urban development, environmental balance, and civic infrastructure.
The classification of the land as “Shali” unequivocally establishes its
agricultural character in the official land records, and as such, any deviation
from its recorded use without lawful conversion and statutory compliance is per
se illegal.
4. That it is pertinent to state
that the said land, by virtue of its classification and recording in the
relevant Record-of-Rights, is governed by applicable land and municipal laws
which strictly regulate the manner in which such land may be utilized. Any
construction upon such agricultural land without prior conversion under the
applicable land laws and without obtaining a sanctioned building plan from the
competent municipal authority is impermissible in law and constitutes a clear
violation of statutory provisions.
5. That in the present case, the
construction in question has been undertaken upon the aforesaid land in
complete disregard of its recorded nature and classification, and without
adherence to the mandatory legal requirements. The identification of the land
through specific dag and khatian numbers leaves no ambiguity as to its
identity, location, and legal status, thereby clearly establishing that the
impugned construction has been raised over agricultural land in contravention
of law.
6. That the said land, as
described hereinabove, stands recorded in the name of the Respondent No. 8,
namely Sankar Prashad Dalapati, @
Sankar Dalapati, son of Naredranath Dalapati, as would be evident from
the relevant Record-of-Rights pertaining to Mouza – Tegharia, J.L. No. 52,
under the corresponding R.S. and L.R. records. The Respondent No. 8, being the
recorded owner and person in possession of the said property, is thus fully
aware of the nature, character, and classification of the land, as well as the
legal restrictions governing its use. As such, any act of development,
construction, or change in the nature of the said land undertaken by the
Respondent No. 8 is required to strictly conform to the applicable statutory
provisions and regulatory framework in force.
7. That it is further stated that
the land in question being classified and recorded as “Shali”, i.e.,
agricultural land, carries with it inherent statutory limitations as to its
permissible use. Under the prevailing land laws and municipal regulations, no
construction, whether residential, commercial, or multi-storied in nature, can
be lawfully undertaken upon such agricultural land unless and until the same is
duly converted from its agricultural classification to a non-agricultural or
“bastu” classification by the competent authority in accordance with law.
8. That it is a settled principle
of law that prior to undertaking any construction upon land recorded as
agricultural, two essential and mandatory conditions must be fulfilled, namely:
firstly, lawful conversion of the land use by obtaining requisite permission
from the competent authority under the applicable land reforms and land use
statutes; and secondly, obtaining a duly sanctioned building plan from the
concerned municipal authority in accordance with the provisions of the West
Bengal Municipal Act, 1993 and the rules framed thereunder.
9. That in absence of such lawful
conversion of land use and without obtaining a sanctioned building plan, any
construction raised upon such land is per se unauthorized, illegal, and void ab
initio, and is liable to be proceeded against by the statutory authorities,
including by way of demolition and penal action. The requirement of prior
conversion and sanction is not merely procedural in nature but goes to the root
of the legality of any construction activity, and non-compliance thereof
renders the entire structure unlawful.
10. That the Respondent No. 8,
despite being fully aware of the aforesaid legal position, has acted in blatant
disregard of the mandatory statutory requirements and has proceeded to
undertake construction over the said “Shali” land without complying with the
essential preconditions, thereby rendering the entire construction ex facie
illegal and liable to be dealt with in accordance with law.
11. That the construction so raised
by the Respondent No. 8 is wholly unauthorized, illegal, and ex facie in
violation of the provisions of the West Bengal Municipal Act, 1993, and the
rules framed thereunder. The said construction has been undertaken without
obtaining any sanctioned building plan from the competent municipal authority
and without adherence to the mandatory statutory requirements governing
building activities within municipal limits. Such an act strikes at the very
root of the regulatory framework established for ensuring planned and lawful
development within the municipal area.
12. That in particular, the
impugned construction falls squarely within the mischief contemplated under
Sections 218 to 220 of the West Bengal Municipal Act, 1993, which explicitly
deal with unauthorized constructions and confer ample powers upon the municipal
authorities to take stringent action against the same. Section 218 prohibits
erection or re-erection of any building without prior sanction of the municipal
authority, while Sections 219 and 220 empower the authority to order stoppage
of such unlawful construction, and to direct demolition or alteration of any
structure raised in contravention of the Act.
13. That the Respondent No. 8, in
flagrant violation of the aforesaid statutory provisions, has not only
commenced but has also completed construction of a multi-storied structure
without any lawful sanction, thereby rendering the entire structure illegal and
liable to be demolished. The said construction, being in direct contravention
of statutory mandates, cannot be regularized as a matter of course and is
liable to be treated as a continuing illegality.
14. That it is further submitted
that the municipal authorities, being statutory custodians of planned urban
development, are under a bounden legal duty to enforce the provisions of the
Act and to take prompt and effective action against such unauthorized
constructions. Failure on the part of the authorities to invoke their powers
under Sections 218 to 220 not only amounts to dereliction of statutory duty but
also encourages lawlessness and unregulated development, thereby prejudicing
the rights of law-abiding citizens and residents of the locality.
15. That in view of the clear and
unequivocal violation of the provisions of the West Bengal Municipal Act, 1993,
the impugned construction is liable to be dealt with strictly in accordance
with law, including by way of immediate demolition and initiation of penal
proceedings against the persons responsible for such illegal acts.
16. That the illegal and
unauthorized construction in question has far-reaching and deleterious
consequences on the environmental balance of the locality. The conversion and
utilization of land recorded as “Shali” (agricultural land) for unauthorized
construction disrupts the natural ecology of the area, leading to loss of
fertile soil, reduction in groundwater recharge, and obstruction of natural
water flow channels. Such unregulated development contributes to environmental
degradation, increases the risk of waterlogging and flooding, and adversely
impacts the ecological sustainability of the surrounding region.
17. That the said unauthorized
construction further exerts undue pressure on the already strained civic
infrastructure of the locality. Infrastructure such as roads, water supply,
sewage systems, electricity, and waste management facilities are designed and developed
based on planned land use and sanctioned constructions. Unauthorized
multi-storied buildings, erected without regulatory oversight, lead to
unanticipated population density, thereby overburdening these essential
services and causing inconvenience and hardship to the Co-sharers.
18. That the petitioner, being a
vigilant and law-abiding resident of the locality, had earlier approached the
competent municipal authority by way of a written complaint dated 16th April,
2026 addressed to the Respondent No. 3, namely the Chairman of the
Rajpur–Sonarpur Municipality, bringing to his notice the aforesaid unauthorized
and illegal construction. In the said complaint, the petitioner had clearly set
out the material particulars of the property in question, the nature and
classification of the land as agricultural (“Shali”), and the manner in which
the Respondent No. 8 had raised construction in blatant violation of statutory
provisions.
Photostat copy of the written
complaint dated 16th April, 2026 addressed to the Respondent No. 3, namely the
Chairman of the Rajpur–Sonarpur Municipality, is annexed herewith and marked as
Annexure – “P-2”.
19. That by the said complaint, the
petitioner had specifically requested the municipal authorities to cause an
immediate inspection of the premises in question through the competent
officials of the Building Department, so as to ascertain the legality or
otherwise of the construction and to verify whether any sanctioned building
plan had been obtained. The petitioner had emphasized the urgency of such
inspection in view of the continuing nature of the illegal construction and its
adverse impact on the locality.
20. That the petitioner had further
prayed for initiation of appropriate proceedings in accordance with law,
including for demolition and removal of the unauthorized structure raised over
the said agricultural land, in exercise of powers conferred upon the municipal
authorities under the relevant provisions of the West Bengal Municipal Act,
1993. The petitioner had categorically stated that the said construction, being
without sanction and without conversion of land use, is liable to be demolished
forthwith.
21. That the petitioner had also
sought initiation of penal action against the persons responsible for such
illegal construction, including the Respondent No. 8, for having willfully
violated the statutory provisions and for raising construction in defiance of
law. The complaint further highlighted that failure to take action in such
cases would embolden errant persons and result in proliferation of similar
illegal constructions within the municipal limits.
Photographs of the unauthorized
Building structure raised by the Respondent no. 8, herein, are annexed herewith
collectively and marked as Annexure – “P-3”.
22. That despite the detailed
complaint and the specific prayers made therein, the respondent authorities
have failed and neglected to take any effective or meaningful steps in the
matter, thereby compelling the petitioner to invoke the writ jurisdiction of
this Hon’ble Court for appropriate reliefs.
23. That despite receipt of the
said complaint dated 16th April, 2026, the respondent municipal authorities
have failed and neglected to take any effective, prompt, or meaningful steps in
accordance with law. No inspection, inquiry, or enforcement action appears to
have been undertaken by the concerned officials, nor has any proceeding been
initiated under the relevant provisions of the West Bengal Municipal Act, 1993.
Such inaction on the part of the statutory authorities has, in effect, permitted
the Respondent No. 8 to continue enjoying the fruits of an illegal and
unauthorized construction, thereby allowing the illegality to persist unabated.
The failure to act with due diligence and urgency in the face of a clear
statutory violation amounts to tacit approval and encouragement of unlawful
activities within the municipal limits.
24. That it is further submitted
that the continued inaction of the respondent authorities has resulted in a
situation where the rule of law stands compromised, and the statutory
safeguards intended to regulate construction activities are rendered nugatory.
The petitioner, despite having approached the competent authority in good faith
and with sufficient particulars, has been left remediless due to the apathy and
indifference of the authorities, thereby necessitating intervention by this
Hon’ble Court.
25. That the inaction, omission,
and failure on the part of the municipal authorities to discharge their
statutory duties are wholly arbitrary, unreasonable, and contrary to the
principles of natural justice and good governance. Such conduct is not only in
breach of the statutory mandate but also violates the fundamental rights
guaranteed under Article 14 of the Constitution of India, which ensures
equality before law and equal protection of laws. The selective or negligent
enforcement of statutory provisions, whereby illegal constructions are allowed
to subsist without action, creates an unjust and discriminatory situation
vis-Ã -vis law-abiding citizens who adhere to legal requirements.
26. That it is a settled principle
that statutory authorities are bound to act fairly, reasonably, and in
accordance with law, and any failure to do so invites judicial review under
Article 226 of the Constitution of India. In the present case, the arbitrary inaction
of the respondent authorities has not only enabled the continuation of an
illegal structure but has also undermined the very object and purpose of the
governing statute, thereby warranting appropriate directions from this Hon’ble
Court.
27. That the petitioner, being
seriously aggrieved and dissatisfied with the inaction, apathy, and failure on
the part of the respondent authorities in discharging their statutory duties,
is left with no efficacious, alternative, or adequate remedy and is thus
constrained to invoke the extraordinary writ jurisdiction of this Hon’ble Court
under Article 226 of the Constitution of India. The continued inaction of the
respondent authorities, despite having been duly apprised of the illegal and
unauthorized construction through a formal complaint, has resulted in
perpetuation of illegality and has caused grave prejudice to the petitioner as
well as to the residents of the locality at large.
28. That in the aforesaid facts and
circumstances, the petitioner begs to move this Hon’ble Court by way of the
instant writ application under Article 226 of the Constitution of India, inter
alia, on the following, amongst other:
GROUNDS
I.
For
that the impugned construction is in clear, flagrant, and continuing violation
of the statutory provisions of the West Bengal Municipal Act, 1993, and the
rules framed thereunder, which govern and regulate all building activities
within the municipal limits. The said Act mandates that no person shall erect
or re-erect any building or commence any construction work without obtaining
prior sanction of a building plan from the competent municipal authority, upon
due scrutiny and approval in accordance with the prescribed procedure. The
Respondent No. 8 has, in utter disregard of such mandatory requirements, undertaken
and completed construction without obtaining any such sanction, thereby
rendering the entire structure unlawful and unauthorized ab initio;
II.
For
that the statutory scheme under the West Bengal Municipal Act, 1993 is designed
to ensure planned and regulated development, adherence to safety norms,
maintenance of civic amenities, and protection of public interest. Any
construction raised in contravention of the said provisions defeats the very
object and purpose of the legislation and poses serious risks to public safety
and urban planning. The impugned construction, having been raised without
compliance with the statutory prerequisites, including submission of building
plans, structural approvals, and adherence to zoning regulations, is liable to
be treated as an illegal structure within the meaning of the Act;
III.
For
that the provisions of the said Act, inter alia, Sections 218 to 220,
explicitly prohibit unauthorized construction and empower the municipal
authorities to take stringent action, including stoppage of construction,
demolition, and imposition of penalties. The Respondent No. 8, by proceeding
with construction in violation of these provisions, has not only acted
illegally but has also rendered himself liable to penal consequences under the
Act. The continuation of such an illegal structure constitutes a continuing
wrong and cannot be permitted to subsist in the eye of law;
IV.
For
that it is well settled that where a statute requires a particular act to be
done in a particular manner, the same must be done in that manner or not at
all. The Respondent No. 8, having failed to adhere to the statutory procedure
prescribed under the West Bengal Municipal Act, 1993, cannot seek to justify or
validate the impugned construction by any subsequent act or omission. The
illegality being fundamental and going to the root of the matter, the
construction is liable to be proceeded against in accordance with law,
including by way of demolition and other consequential measures;
V.
For
that the failure of the municipal authorities to take appropriate action
against such patent violation of statutory provisions further aggravates the
illegality and undermines the enforcement mechanism envisaged under the Act. In
such circumstances, intervention by this Hon’ble Court is warranted to ensure
strict compliance with the statutory provisions and to uphold the rule of law.
29. That the petitioner states that the records of
the instant case are lying outside the ordinary original jurisdiction of the
Hon’ble Court.
30. That
the petitioner states that, acting bona fide and in discharge of his duty as a
responsible citizen, he has approached the municipal authorities on prior
occasions by lodging written complaints seeking immediate redressal of the
grievances arising out of the unauthorized and illegal construction in
question. The petitioner, in such representations, had clearly brought to the
notice of the authorities the nature of the illegality, the violation of
statutory provisions, and the urgent need for intervention in accordance with
law. However, despite receipt of such complaints and despite the matter being
within the exclusive domain and jurisdiction of the municipal authorities, no
effective or meaningful steps have been taken by them till date.
31. That
the continued inaction, indifference, and failure on the part of the municipal
authorities to act upon the petitioner’s complaints demonstrate a clear
unwillingness to discharge their statutory obligations. The petitioner submits
that the authorities have neither conducted any inspection nor initiated any
proceedings against the erring party, thereby allowing the illegality to
continue unabated. Such conduct not only defeats the purpose of the statutory
framework but also erodes public confidence in the functioning of
administrative authorities.
32. That
in view of the aforesaid facts, the petitioner submits that any further
representation or demand seeking justice from the same authorities would be a
mere empty formality, devoid of any practical efficacy. The petitioner has
already exhausted all reasonable avenues available at the administrative level,
and the lack of response or action has rendered such remedies illusory and
inefficacious.
33. That
under such circumstances, the petitioner has no alternative, efficacious, or
adequate remedy except to invoke the writ jurisdiction of this Hon’ble Court
under Article 226 of the Constitution of India, seeking appropriate directions
upon the respondent authorities to act in accordance with law and to remedy the
continuing illegality.
34. That
the petitioner states that due to paucity of time some facts may not have been
incorporated and your petitioner craves leave to file supplementary affidavit
and your petitioner further crave leave to produce and refer to relevant
papers/ documents at the time of hearing by way of filling a supplementary
affidavit.
35. That
this application is made bona fide and in the interest of justice.
In the
circumstances the petitioner most humbly prays before the Hon’ble Court that
Your lordships’ would graciously be pleased to pass the following orders:-
a)
A writ in the nature of mandamus directing the
concerned respondent authorities their men, agents and subordinates to immediately
inspect the premises in question;
b)
A writ in
the nature of mandamus directing the concerned respondent authorities their
men, agents and subordinates to forthwith take all
necessary and effective steps in accordance with law for demolition and removal
of the unauthorized and illegal multi-storied construction raised over the land
in question, which has been erected in blatant violation of statutory
provisions and without any lawful sanction and to restore the land of the
petitioner and his co-sharers to its original position, as
it was there, till such began;
c)
A writ in the nature of mandamus directing the
respondent authorities their men, agents and subordinates immediately initiate
an appropriate proceeding against the private respondents for raising unlawful,
illegal and unauthorized construction;
d)
A writ in the nature of mandamus directing the
concerned respondent authorities their men, agents and subordinates to take
appropriate penal action as against the private respondent in accordance with
law on the complaint already made in this behalf;
e)
A writ in the nature of certiorari directing the
respondent to produce all relevant records before the Hon’ble Court for proper
adjudication;
f)
Rule NISI in terms of prayers (a) to (d) above.
g)
An ad-interim order to stop the unlawful,
illegal and unauthorized construction at the premises of the petitioner, till
the disposal of the instant writ application.
h)
An appropriate order directing the respondent
authorities to file a report in this regard before the Hon’ble Court.
i)
Such other or further order or orders as your
Lordships may deem fit and proper.
And the petitioner as in duty bound shall ever
pray.
AFFIDAVIT
I, Bhupal Naskar,
Son of Late Sudhir Chandra Naskar, aged about 64 years, by faith Hindu, by
Occupation Retired, residing at Village – Tegharia, Dasani Para, Mission Pally,
P.S. – Narendrapur, District – South 24 Parganas, Kolkata – 700150, do
hereby solemnly affirm and say as follows;
1. That I am the petitioner of this
application and I am well acquainted with the facts and circumstances of the
case.
2. That the
statements made in paragraph No. 1,2,3,11, 18, 19, 20, & 21, are true to my
knowledge and those made in paragraphs 4,5, 6,7,22, & 23, are true to my
information derived from the records of the case and rest paragraphs are my
respectful submission before this Hon’ble Court.
Prepared in my office The deponent is
known to me
Advocate Clerk to: Mr. Advocate
Solemnly affirmed before me
on this the day of April, 2026.
I certify that all annexures
are legible.
Advocate.
COMMISSIONER
DISTRICT : South 24 Parganas.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A.
No. of 2026;
In
the matter of:
An
application under Article 226 of the Constitution of India;
And
In
the matter of:
Bhupal Naskar
………..Petitioner
-Versus-
The
State of West Bengal &Ors.
……Respondents
WRIT PETITION
MR.
ASHOK KUMAR SINGH
Advocate
Bar
Association, Room No.15,
High
Court, Calcutta.
(M)
9883070666.
Email
: aksinghadvocate@rediffmail.com
DISTRICT : South 24 Parganas.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A.
No. of 2026;
In
the matter of:
An
application under Article 226 of the Constitution of India;
And
Subject
matter relating to-
Under
Group V , Head , of the Classification List;
Cause
title
Bhupal Naskar
………..Petitioner
-Versus-
The
State of West Bengal &Ors.
……Respondents
Advocate-on-Record
MR. ASHOK KUMAR SINGH.
Advocate
Bar Association Room No.15,
High Court, Calcutta.
Mobile Number : 9883070666,
Email :
aksinghadvocate@rediffmail.com
DISTRICT : South 24 Parganas.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A.
No. of 2026;
In
the matter of:
An
application under Article 226 of the Constitution of India;
And
In
the matter of:
Bhupal Naskar
………..Petitioner
-Versus-
The
State of West Bengal &Ors.
……Respondents
Index
|
Sl.
No. |
Description
of Documents |
Annexure |
Page
No. |
|
1. |
Writ
Petition |
- |
|
|
2. |
The
property information from Banglar Bhumi webportal; |
“P-1” |
|
|
3. |
The
written complaint dated 16th April, 2026 addressed to the Respondent No. 3,
namely the Chairman of the Rajpur–Sonarpur Municipality; |
“P-2” |
|
|
4. |
Photographs
of the unauthorized Building structure raised by the Respondent no. 8; |
“P-3” |
|
DISTRICT : South 24 Parganas.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A. No. of 2026;
In
the matter of:
An
application under Article 226 of the Constitution of India;
And
In the matter of:
Bhupal
Naskar
………..Petitioner
-Versus-
The State of West Bengal &Ors.
……Respondents
SYNOPSIS
The
present writ petition under Article 226 of the Constitution of India is
directed against an unauthorized and illegal multi-storied construction raised
over land recorded as “Shali” (agricultural land) at Mouza – Tegharia, District
– South 24 Parganas, without lawful conversion of land use and without any
sanctioned building plan, in clear violation of the provisions of the West
Bengal Municipal Act, 1993. The petitioner, being a co-sharer, lodged a written
complaint dated 16th April, 2026 before the Chairman, Rajpur–Sonarpur
Municipality, seeking inspection, demolition, and penal action; however, no
effective steps have been taken by the municipal authorities, thereby allowing
the illegality to continue. The inaction of the respondent authorities is
arbitrary, illegal, and violative of Article 14 of the Constitution of India,
and the petitioner, having no alternative efficacious remedy, has approached
this Hon’ble Court seeking appropriate directions for demolition of the
unauthorized construction, restoration of the land to its original condition,
and initiation of statutory action in accordance with law.
LIST OF DATES
|
Prior
to 2026 |
The
land situated at Mouza – Tegharia, J.L. No. 52, recorded as “Shali”
(agricultural land) under R.S. Dag No. 66, L.R. Dag No. 68, L.R. Khatian No.
627, stands recorded in the name of Respondent No. 8. |
|
Early
2026 |
Respondent
No. 8 commenced and proceeded with construction of a multi-storied building
over the said agricultural land without conversion of land use and without
any sanctioned building plan. |
|
16.04.2026 |
The
petitioner lodged a written complaint before the Chairman, Rajpur–Sonarpur
Municipality, seeking inspection, demolition of the illegal construction, and
initiation of penal action. |
|
April
2026 – Present |
Despite
receipt of the complaint, the municipal authorities failed to take any
effective steps; no inspection or action initiated. |
DISTRICT : South 24 Parganas.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A.
No. of 2026;
In
the matter of:
An
application under Article 226 of the Constitution of India;
And
In
the matter of:
Bhupal
Naskar
………..Petitioner
-Versus-
The
State of West Bengal &Ors.
……Respondents
LIST OF DATES
|
Early
2026 |
Respondent
No. 8 allegedly commenced unauthorized multi-storied construction over
agricultural land at Mouza – Tegharia, District – South 24 Parganas without
conversion or sanctioned plan. |
|
16.04.2026 |
Petitioner
lodged written complaint before Chairman, Rajpur–Sonarpur Municipality
seeking inspection, demolition, and penal action. |
|
April
2026 onwards |
Despite
complaint, no effective action taken by municipal authorities; illegal
construction continues. |
POINTS
OF LAW
1.
Whether construction raised on
agricultural land (“Shali”) without conversion of land use and without
sanctioned building plan is illegal and liable for demolition under the West
Bengal Municipal Act, 1993?
2.
Whether the erection of a multi-storied
structure without prior sanction from the competent municipal authority is void
ab initio and contrary to Sections 218 to 220 of the West Bengal Municipal Act,
1993?
3.
Whether the municipal authorities have
a statutory duty to prevent, stop, and demolish unauthorized constructions, and
whether failure to do so amounts to dereliction of statutory duty?
4.
Whether the inaction of the municipal
authorities in not acting upon the petitioner’s complaint is arbitrary,
unreasonable, and violative of Article 14 of the Constitution of India?
5.
Whether continued existence of an unauthorized
construction constitutes a continuing illegality warranting interference under
Article 226 of the Constitution of India?
6.
Whether this Hon’ble Court can issue
appropriate writs, including Mandamus, directing demolition of unauthorized
construction and restoration of the land to its original condition?
