Demolition of unauthorised construction - Notices becoming infructuous due to legal stays : Authorities issue fresh notice

Calcutta High Court Orders Fresh Demolition Proceedings for Unauthorised Construction in Kolkata Court mandates Kamarhati Municipality to issue a new demolition notice for illegal structures, ensuring due process and fair hearing.

In a significant directive aimed at curbing unauthorised constructions, the Calcutta High Court has ordered the Kamarhati Municipality to initiate fresh demolition proceedings against an illegal structure located at 1 No. Pratap Rudra Lane, Ariadaha, Kolkata. This decision was made in the wake of earlier notices becoming infructuous due to legal stays and procedural delays.

The judgment, delivered by Justice Raja Basu Chowdhury, addressed the petition filed by Ripan Mondal, who challenged the inaction of the municipal authorities regarding the unauthorised construction. The Court underscored the importance of adhering to the principles of natural justice by ensuring that the respondents, who claim occupancy rights, are provided with a fair hearing. This directive, however, does not imply any recognition of the respondents' substantive rights over the disputed property.

Previously, the Municipality's demolition notice dated May 29, 2025, was stalled due to a stay order, rendering the notice ineffective. The Court has now invalidated this notice and instructed the Municipality to issue a new one in strict compliance with Section 218 of the West Bengal Municipal Act, 1993. This fresh notice must be executed within a four-week timeframe.

The proceedings have been mired in legal complexities, with the Municipality initially attempting to act on the unauthorised construction following a directive from a Coordinate Bench on June 25, 2025. However, subsequent legal challenges by the occupiers delayed the demolition process. The High Court, aiming to resolve the ongoing dispute effectively, has set clear guidelines for the Municipality to follow, ensuring that all parties are heard and procedural fairness is upheld.

The Court also mandated that a compliance report be filed post-demolition proceedings, to be reviewed in future hearings scheduled for August 20, 2025. This move is seen as a decisive step towards enforcing municipal regulations and preventing further unauthorised developments in the region.

The judgment reflects the judiciary's commitment to maintaining the rule of law and addressing civic grievances concerning unauthorised constructions, which have become a prevalent issue in urban areas.

Bottom Line:

Illegal and unauthorised construction - Court directs municipal authorities to bring demolition proceedings to a logical conclusion and ensure demolition of the unauthorised structure by issuing fresh demolition notice in accordance with law.

Statutory provision(s): West Bengal Municipal Act, 1993, Section 218

Ripan Mondal v. State of West Bengal, (Calcutta) : Law Finder Doc Id # 2805000