Howrah Municipal Corporation's Demolition Drive Gets Court Backing; Landlord and Developer Directed to Provide Alternate Housing
In a significant ruling, the Calcutta High Court has reaffirmed the authority of the Howrah Municipal Corporation to proceed with the demolition of unauthorized constructions, emphasizing the fundamental right to shelter under Article 21 of the Constitution. The case, brought forth by Indradevi Sonkar against the Howrah Municipal Corporation, highlights the ongoing tension between urban development and the rights of tenants.
The petitioner, Indradevi Sonkar, a resident of the unauthorized fifth floor of a building at Premises No. 60, M.C. Ghosh Lane in Howrah, challenged the municipality's decision to demolish parts of the structure exceeding the sanctioned G+3 plan. The building, which was constructed up to G+5, had its fourth and fifth floors built without proper authorization.
Justice Raja Basu Chowdhury, presiding over the case, emphasized that while the right to shelter is integral to the right to life under Article 21, it does not extend to protecting illegal constructions. The court, however, acknowledged the petitioner's predicament and directed the landlord and developer, who were responsible for the unauthorized construction, to relocate the tenant to a properly authorized residence.
The judgment criticized the actions of the private respondents, namely the landlord and the developer, for their mala fide conduct in allotting unauthorized portions to tenants. The court directed them to bear the responsibility and costs for relocating the petitioner to an authorized dwelling.
Furthermore, the court instructed the Officer-in-Charge of the concerned police station to ensure the presence of the landlord and developer in the next court hearing, noting their previous absence despite notifications.
In a bid to ensure a fair process, the court allowed the petitioner a month's time to vacate the premises, with an undertaking to remove her belongings, and ordered the municipality to minute the inspection and relocation process. Until the next court date, no further actions will be taken against the petitioner’s occupied portion.
The court's decision underscores the delicate balance between enforcing municipal regulations and safeguarding citizens' rights, setting a precedent for future cases involving unauthorized constructions in urban areas.
Bottom line:-
Unauthorized construction of residential buildings - Municipality's right to demolish unauthorized construction - Tenant's right to shelter under Article 21 of the Constitution - Obligation of landlord and developer to provide alternative authorized accommodation for rehabilitation.
Statutory provision(s): Article 21 of the Constitution of India, Municipal Law
Indradevi Sonkar v. Howrah Municipal Corporation, (Calcutta) : Law Finder Doc id # 2904696
