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Calcutta High Court Directs Demolition of Unauthorized Buildings, Orders CBI Probe into Money Trail and National Security Concerns

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Calcutta High Court Directs Demolition of Unauthorized Buildings, Orders CBI Probe into Money Trail and National Security Concerns

Kolkata Municipal Corporation to submit detailed roadmap for demolition; CBI tasked with preliminary enquiry into large-scale unauthorized constructions and potential threats to national security.


In a significant ruling dated September 11, 2026, the Division Bench of the Calcutta High Court comprising Chief Justice Ravindra Vithalrao Ghuge and Justice Tapabrata Chakraborty has issued comprehensive directions regarding the rampant issue of unauthorized constructions in Kolkata. The judgment arises from a public interest writ petition filed by Sukhendu Banerjee highlighting concerns over numerous unauthorized multi-storied buildings lacking identifiable owners, opaque financial transactions, and the potential compromise of national security.


The Court has directed the Kolkata Municipal Corporation (KMC) to prepare and submit a detailed roadmap by October 14, 2026, identifying all unauthorized buildings as per the Commissioner's earlier report dated January 20, 2026. This roadmap must include specific timelines and procedural steps for the demolition of these structures to ensure systematic and lawful removal without causing law and order disturbances. The Court emphasized that the roadmap should be clear, actionable, and accompanied by copies for all parties involved in the proceedings.


A critical aspect raised by the petitioner was the absence of ownership records for several unauthorized buildings and the lack of clarity about the financial transactions underpinning their construction. The Court acknowledged that KMC had admitted its inability to trace ownership or the flow of funds associated with these properties, which are purportedly worth several crores of rupees. This opacity raised serious concerns about illicit money transactions and the potential threat to national security due to unidentified sellers and buyers.


Responding to these issues, the Court directed the Central Bureau of Investigation (CBI) to undertake a preliminary enquiry into the allegations. The CBI has been empowered to access records from civic authorities, autonomous bodies, the state government, and police to investigate complaints, money trails, and any security risks connected with these unauthorized constructions. The Court permitted the CBI to conduct its investigation using its specialized procedures and mandated submission of a preliminary report in a sealed cover by the next hearing.


Pending these developments, applications by private respondents seeking removal from the proceedings have been kept on hold. The case is scheduled for further hearing on October 14, 2026, when both the KMC roadmap and the CBI's preliminary investigation report will be reviewed.


This ruling underscores the judiciary's proactive stance in addressing urban governance challenges, ensuring accountability in property development, and safeguarding national security interests linked to unauthorized constructions.


Bottom Line:

Directions issued to Kolkata Municipal Corporation (KMC) for submission of a roadmap to identify and demolish unauthorized buildings, and to the Central Bureau of Investigation (CBI) to carry out a preliminary enquiry into allegations concerning unauthorized constructions, money trail, and potential compromise of national security.


Statutory provision(s): Unauthorized Constructions.


Sukhendu Banerjee v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc Id # 2979205

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