State directed to rebuild demolished private property and pay Rs. 10 lakh compensation
In a landmark judgment, the Calcutta High Court has ruled in favor of petitioners Kabita Manna and others, ordering the State of West Bengal to reconstruct a building that was unlawfully demolished by state authorities. The court further mandated the State to compensate the petitioners with Rs. 10 lakh for the unauthorized demolition of their property located at LR Plot No. 650 in Mouza-Naikuri Jagannathchak, Purba Medinipur.
Justice Partha Sarathi Sen, presiding over the case, found that the demolition carried out by the state authorities extended beyond the scope of their jurisdiction, affecting private property that was not encroaching on government land. The court observed that while there was an obligation to remove encroachments from government plots, the authorities had overstepped by dismantling structures on private land, thereby exceeding their legal mandate.
The judgment came after a series of legal proceedings initiated by the petitioners, who claimed that the demolition was not in accordance with the law. The court meticulously examined the evidence, including field demarcation reports and sketch maps, to determine the extent of the demolition. It found that the petitioners' commercial building, constructed with a sanctioned plan, was wrongfully demolished.
In delivering the judgment, the court emphasized that the restitution of the demolished property is mandatory. The State has been ordered to reconstruct the building within two years and provide alternative accommodation to the petitioners at no cost until the construction is completed. Additionally, the court awarded the petitioners Rs. 10 lakh as compensation, to be paid in two installments.
The ruling underscores the judiciary's role in safeguarding private property rights against unlawful actions by public authorities. The court's decision reflects the principle that any demolition of private property by government entities, when conducted without lawful authority, mandates restitution and compensation to the affected parties.
Bottom Line:
Demolition of private property by government authorities without lawful authority mandates restitution of the property and compensation to the affected parties.
Statutory provision(s): West Bengal Highways Act, 1964 Sections 10(2), 10(3)
Kabita Manna v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2977429
