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Judgment
The writ petition in the original Side has been filed challenging the notice issued under Section 401 of the KMC Act, 1980 (hereinafter referred to as the said Act) dated 26th August, 2025, while the writ petition in the Appellate Side has been filed complaining illegal construction at the premises No. 1, Old Court House, Corner, P.S. Hare Street, Kolkata 700001. Since both the writ petition deal with self-same alleged illegal structure by an order dated 23rd July, 2026 passed in WPO 773 of 2025, this Court had directed the writ petition in the Original Side to be taken up along with the Appellate Side Matter being WPA 23710 of 2025.
The records would reveal that the premises in question is popularly known as “Tobacco House”. The petitioner in the Appellate Side matter claims to be a co-owner of the Tobacco House and claims to have lodged complaint with the municipal authorities as regards the change of use of the roof of Tobacco House. The learned advocate for the private respondent claims that the premises is a 90 years old building. The private respondent in the Appellate Side matter and the petitioner in the Original Side matter is common. According to the petitioner in the Original Side, the change in times has led the petitioner to obtain a leave and licence from the owner of the said building for exploring the space on the roof for commercial purpose.
Mr. Bose, learned senior advocate representing the petitioner in the Original Side matter has submitted that the petitioner has developed the roof top of the aforesaid building for conducting sports activities (in short the said space). Artificial turf has been laid. Ordinarily, the said space is let out for diverse sports activities including cricket and football match.
When the this matter was taken up for consideration on 20th May, 2026, a report was filed by the municipal authorities wherefrom it would transpire that the municipal authorities had already initiated proceedings under Section 400 of the said Act. It is in those facts, this Court by the above order had directed the pendency of the writ petition shall not stand in the way of the municipal authorities for concluding the said proceedings in accordance with law. Though certain interim orders had been passed by the Court from time to time directing the Director General of Fire and Emergency Services to carry out inspection however, today since the learned advocate for the municipal authorities has brought to the notice of this Court the order dated 21st August, 2026, passed in demolition case being number 33-D/V/25-26, and would submit that the proceedings initiated under Section 400(1) of the said Act read with Section 416 of the said Act in respect of the said premises had reached finality, I am of the view that it shall only be appropriate to disposed of the writ petitions by directing the aforesaid order to be taken on record, and leaving it open to the aggrieved party to take recourse to the statutory remedy as may be available.
With the above observations and directions, both the writ petitions are disposed of.