Durga Ram vs The State Of West Bengal & Ors.

Raja Basu Chowdhury, J (Oral):

The petitioner is interested in seeking enforcement of the demolition order dated 13^th August, 2025, over and in respect of holding no. 91/54/1 Upper B. P. M. Sarani, Badhrakali, Uttarpara, ward no.10.

When the above matter was moved on 6^th August, 2026, this Court had directed the municipal authorities to take appropriate instruction in the matter.

Pursuant to the aforesaid direction, the municipality has filed a bunch of documents, inter alia, including reminder letter dated 20^th August, 2026, calling upon the person responsible to carry out the demolition order.

Records would reveal that on 13^th August, 2025, upon giving opportunity of hearing to the person responsible, the demolition order was issued.

Later, the petitioner having failed to get the demolition order enforced despite representation, had approached this Court.

Today, the municipality by filing a bunch of documents would try to make out a case that the municipality has proceeded with the matter and is interested to enforce the demolition order.

Records would, however, reveal that only after the order dated 6^th August, 2026 was passed, the municipality had issued notice dated 20^th August, 2026. There is no explanation available as to why the municipality remained unmoved in spite of issuance the demolition order dated 13^th August, 2025.

In the peculiar facts, and since Mr. Mukherjee, learned advocate representing the municipality would submit that if the person responsible does not take steps within thirty days from the date of the reminder notice dated 20^th August, 2026, appropriate steps shall be taken by the municipality for enforcing the demolition order dated 13^th August, 2025, I find that the municipality is now taking steps to enforce the demolition order. The municipality is accordingly directed to take immediate steps to implement the demolition order unless, there be any impediment in implementing the same.

With the above observations and direction the writ petition stands disposed of.

Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of requisite formalities.