The has officially set aside a issued by the against a property owner, determining that the civic body reached a faulty conclusion by misinterpreting a request for time as a formal admission of illegal construction. Justice Saugata Bhattacharyya, presiding over the , delivered the verdict in favor of the , Sujoy, also known as Sujay Sarkar, effectively halting the proposed destruction of the property and mandating a fresh, transparent hearing process to resolve the ongoing dispute.
The legal challenge centered on a demolition notice dated , which the municipal authority justified by claiming the had admitted to erecting . During the court proceedings, the ’s , , argued that no such admission had ever occurred, contending that the municipality had fundamentally misread the correspondence provided by his client. The court’s intervention provides a critical clarification regarding the administrative threshold required for municipal bodies to initiate extreme enforcement actions, such as the total demolition of a private building.
Upon reviewing the documents presented to the , the court found that the central piece of evidence relied upon by the authorities—a letter dated —did not support the claim of an admission. Instead, the document merely requested additional time for the property owner to gather and submit official documentation to verify the status of the construction.
"On perusal of the document at page 129 issued by the
, it does not appear that there was an admission on the part of the
relating to unauthorized construction made by him,"
Justice Bhattacharyya observed in the court’s judgment. The court further clarified the nature of the communication, stating,
"Rather,
prayed for time to submit documents in respect of such construction."
The had attempted to defend its actions by asserting that the had failed to produce any evidence during the earlier hearing to prove that the construction was authorized. Counsel for the , which included the Corporation and a private complainant (the no. 7), argued that the actions were taken in response to a specific complaint and that a parallel regarding the property was already pending. Despite these arguments, the court concluded that the reliance on a misidentified admission the legality of the .
The ruling emphasizes the necessity for municipal bodies to adhere strictly to the principles of before initiating the destruction of property. By setting aside the order, the court has directed the Assistant Engineer of Borough-II, acting as the no. 5, to grant both the and the complainant a fresh opportunity to be heard. The municipal authority is now required to conduct a thorough review of the documents provided by both parties and pass a reasoned, fact-based order within an eight-week timeframe.
This decision serves as a significant check on the exercised by local municipal corporations. The court’s insistence that authorities must distinguish between procedural requests for time and substantive admissions of guilt ensures that homeowners have adequate opportunity to defend their in court or before statutory bodies.
The case highlights the importance of precise administrative record-keeping and the potential consequences when local bodies interpret requests for cooperation as waivers of legal rights. By mandating a reasoned order, the High Court has ensured that the final decision regarding the property will be based on a comprehensive assessment of the construction’s legality rather than a misunderstanding of the ’s intent.
The current status of the property remains protected under this judicial directive, providing the with a window to demonstrate the legality of the construction through proper documentation. The no. 5 has been explicitly tasked with the responsibility of ensuring that the forthcoming proceedings are conducted with transparency, allowing the private —the complainant—to also present relevant documents in support of their position.
The disposal of the marks a temporary resolution to the immediate threat of demolition, shifting the focus of the dispute back to the municipal administrative stage. Both parties are now expected to appear before the Assistant Engineer, Borough-II, to present their evidence. The outcome of that upcoming administrative process will determine the ultimate fate of the property in question, but for now, the court’s order acts as a safeguard against premature enforcement action, upholding the rights of the property owner to and . The litigation, which has already spanned several months, now moves into a secondary administrative phase, with the High Court having cleared the procedural path for a more equitable resolution.
unauthorized construction - demolition order