Division Bench directs enforcement of demolition under West Bengal Panchayat Act after appellants fail to prove lawful rights; administrative discontinuation of demolition process criticized
In a significant judgment dated September 10, 2026, the Division Bench of the Calcutta High Court, comprising Justices Shampa Sarkar and Arjun Ray Mukherjee, dismissed the appeal filed by Pritilata Gharami and others against the demolition order of an unauthorized construction on Plot No. 404, Taldi, Canning, South 24 Parganas. The demolition was ordered under Section 23(5) of the West Bengal Panchayat Act, 1973, following an inspection and hearing by the Sub-Divisional Officer (SDO), Canning Sub Division.
The case originated from allegations of unauthorized construction on Plot No. 404, which was inspected and found to lack any sanction or lawful permission. The Gram Panchayat, acting upon directions from the High Court in an earlier writ petition, conducted a site inspection and issued a reasoned order confirming the illegality of the construction. The Sub-Divisional Officer, after giving the appellants adequate opportunity to be heard, upheld the finding and directed the removal of the unauthorized structure within 15 days.
The appellants contended that they were not granted an opportunity to file affidavits in opposition before the single Judge and argued that there was a valid sanction for construction on the adjacent Plot No. 403. However, the Court rejected these contentions, noting that the sanction related only to Plot No. 403 and had no bearing on the disputed construction on Plot No. 404.
Furthermore, the Court expressed strong disapproval of the administrative authorities for halting the demolition process even after the stipulated period for voluntary removal had expired. It emphasized that once the period for self-demolition lapses, the authorities are bound to proceed with demolition without delay or discontinuation.
The Court clarified that the appellants failed to establish any lawful claim over the disputed construction and reiterated that the demolition order strictly pertains to Plot No. 404. The appellants were advised to address any grievances regarding other constructions through appropriate channels.
This judgment reinforces the principle that unauthorized constructions cannot be allowed to persist and that administrative authorities must act decisively to enforce lawful orders. It also underlines the importance of due process and adequate opportunity of representation, which were duly provided in this case.
Bottom Line:
Unauthorized construction - Direction for demolition - Sub-Divisional Officer, after due inspection and hearing, ordered demolition of unauthorized construction on Plot No. 404 as per Section 23(5) of the West Bengal Panchayat Act, 1973 - Adequate opportunity of representation provided to appellants - Authorities cannot discontinue demolition process once the stipulated period for self-demolition has expired.
Statutory provision(s):
West Bengal Panchayat Act, 1973 Section 23(5)
Pritilata Gharami v. Bikash Sardar, (Calcutta)(DB) : Law Finder Doc Id # 2979206
