Court affirms statutory right to appeal, directs 30-day window for challenging demolition of unauthorized construction.
In a significant ruling, the Calcutta High Court has reinforced the statutory right to appeal against orders affecting citizens' rights, as prescribed under the West Bengal Municipal Corporation Act, 2006. The judgment came in the case of Md. Ajmal Siddique and another versus the Bidhannagar Municipal Corporation, where the petitioners challenged a demolition order issued by the corporation's Commissioner.
The case stemmed from allegations of unauthorized construction at premises No. FE-20 Salt Lake City, Sector III, Kolkata. The petitioners claimed that the demolition order was passed without providing them an adequate opportunity to be heard and in violation of their statutory right to appeal.
The petitioners, represented by Senior Advocate Mr. Bikash Ranjan Bhattacharyya and others, argued that the Bidhannagar Municipal Corporation had ignored the statutory provisions for appeal under Section 266(3) of the West Bengal Municipal Corporation Act. They contended that the order was passed hastily, directing execution within three days, thereby infringing upon their right to appeal.
Advocates Mr. Anish Kumar Mukherjee and Mr. Suryaneel Das, representing the corporation, maintained that the petitioners were notified about the unauthorized construction and were given opportunities to present their case. They asserted that the petitioners themselves admitted to the unauthorized construction during a hearing on July 4, 2026, and requested regularization, which the law does not permit.
Justice Raja Basu Chowdhury, presiding over the matter, held that the adjudicating authority cannot curtail the statutory right to appeal based on its perception of the law. The judge emphasized that the statutory period for filing an appeal must be upheld, and any attempt to abridge this period is misconceived.
The court directed that the demolition order dated July 4, 2026, should be interpreted to allow the petitioners 30 days to prefer an appeal. This window provides the aggrieved parties an opportunity to challenge the order before the Appellate Authority.
Justice Chowdhury clarified that the court did not delve into the merits of the demolition order, leaving it open for scrutiny by the appellate body. The writ petition was disposed of with these observations, reinforcing the importance of maintaining statutory rights and procedures in administrative actions.
Bottom line:-
The adjudicating authority cannot deny or abridge the statutory right of appeal granted under the West Bengal Municipal Corporation Act, 2006. An order affecting rights must allow the statutory period for preferring an appeal, and such a right cannot be interfered with based on the adjudicating authority's understanding of the law.
Statutory provision(s):
West Bengal Municipal Corporation Act, 2006, Sections 266(1) and 266(3).
Md. Ajmal Siddique v. Bidhannagar Municipal Corporation, (Calcutta) : Law Finder Doc id # 2942438
