Leaps & Bounds Private Limited secures temporary relief against demolition in Mouza-Amtala amidst allegations of procedural lapses
In a significant development, the Calcutta High Court has intervened to temporarily halt the demolition of a five-story building constructed by Leaps & Bounds Private Limited in Mouza-Amtala, South 24 Parganas. The court's decision comes in response to allegations of procedural irregularities in the demolition proceedings initiated by the State of West Bengal under the West Bengal Panchayat Act, 1973.
Justice Raja Basu Chowdhury, presiding over the case, has ordered a status quo on the structure until the next hearing or the end of July 2026, whichever comes earlier. The decision was prompted by claims from the petitioner, represented by Senior Advocate Mr. Kishore Datta, that the company was not provided with a copy of the complaint or the hearing officer's recommendations, thus violating the principles of natural justice.
The dispute arose after a notice was issued on June 30, 2026, by the Deputy DL&LRO and the hearing officer, following a complaint by one Shri Sushanta Mondal regarding unauthorized construction. Despite repeated requests from the petitioner for a copy of the complaint, it was not furnished, leading to the demolition process commencing on July 18, 2026, without the petitioner having an opportunity to contest the claims adequately.
The court noted that there was no evidence of a sanctioned building plan for the construction, a requirement under the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004, for any structure exceeding 6.5 meters in height. However, the court emphasized that the petitioner was not afforded a fair opportunity to demonstrate compliance with the relevant statutory provisions before the demolition order was executed.
During the proceedings, the Advocate General for the State argued that the petitioner was aware of the demolition proceedings and failed to demonstrate that the construction was in accordance with a sanctioned plan. Meanwhile, the respondent's counsel highlighted that the demolition was limited to a plot in which the petitioner had no claim.
The court's directive to maintain the status quo acts as a temporary reprieve for Leaps & Bounds Private Limited, allowing them time to prepare their defense against the alleged procedural lapses and the lack of a sanctioned building plan. The matter has been scheduled for further hearing by the Regular Bench, where a more detailed examination of the facts and legal arguments is anticipated.
This case underscores the critical importance of adhering to procedural requirements and the principles of natural justice in administrative proceedings, especially those involving significant actions like demolition that affect property rights.
Bottom Line:
Unauthorized construction and demolition - Petitioner was not provided with a copy of the complaint or the hearing officer's recommendations, violating principles of natural justice - Status quo ordered regarding the structure until the next hearing or end of July 2026, whichever is earlier.
Statutory provision(s):West Bengal Panchayat Act, 1973 Section 160A(6), West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004 Rule 28
Leaps & Bounds Private Limited v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2942958
