Petitioners cannot claim ownership or relief regarding illegal construction when they lack a building sanction and did not initiate the work.

JUDGMENT :

RAJA BASU CHOWDHURY, J.

1. The present writ petition has been filed by six several writ petitioners who claim to be occupiers of different flats in premises no. 132/C, Raja Rajendralal Mitra Road, Ward No. 35, Kolkata – 700 085.

2. The petitioners claim to have acquired interest by virtue of a registered deed of assignment of lease and a possession letter and consequentially claim to be owners in respect of their respective portion of the property since, 2013. In support of the case, the photocopies of the deed of assignment, no objection certificate issued by the Thika Controller, electricity bills and possession letters have been disclosed.

3. It is the petitioners’ case that the Thika Controller by issuing a provisional No Objection Certificate (NOC) under the provisions of West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 (hereinafter referred to as the “Thika Tenancy Act”) and Rules framed thereunder had authorized construction of G+2 storied building. In support of his contention, a document dated 7th January, 2008 has been disclosed.

4. The records would reveal that the matter has a chequered history. In the year 2015, a writ petition was filed before this Court which was registered as WP 19795(W) of 2015. In connection with such proceeding an inspection was carried out by the municipal authorities on 23rd November, 2016 whereunder it was detected that on the strength of purported NOC under the provisions of the Thika Tenancy Act, four storied residential building had been constructed.

5. Records would reveal that a stop work notice under Section 401 of the Kolkata Municipal Corporation Act, 1980 (hereinafter referred to as the “said Act”) was issued as the entire four storied building was found to be illegal. The said writ petition was disposed of by directing the municipal authority to initiate a proceeding under Section 400(1) of the said Act, and to ensure that the same reaches a logical conclusion.

6. Still later, sometime in the year 2018, a further writ petition was filed complaining unauthorized construction. On this occasion, a Coordinate Bench of this Court by order dated 21st August, 2018, noted that the Municipal Corporation upon detecting unauthorized construction had initiated a proceeding under Section 400(8) of the said Act, as such, the writ petition was disposed of without any interference.

7. Subsequently, even after seven long years since the illegally constructed building stood its ground, an application was filed before this Court seeking, in effect, implementation of the order dated 21st August, 2018, passed by a Coordinate Bench of this Court.

8. While hearing out such application, this Court by an order dated 1st December, 2025 was pleased to direct the matter to be posted for further consideration on 14th January, 2026 with a direction on the municipal authorities to file a report.

9. Today, citing extreme urgency complaining that the Municipal authorities are taking steps for demolition of the building, this matter was mentioned and upon obtaining leave for short service, the same has been filed and has accordingly been listed in the supplementary list. Upon notice to all interested parties the matter is taken up for consideration.

10. It is the petitioners’ case that the municipal authorities have started enforcing the order passed under Section 400(8) of the said Act without giving an opportunity of hearing to the petitioners.

11. Mr. Deb, learned sr. advocate appears for the petitioners and has drawn the attention of this Court to the order passed by a Co-ordinate Bench of this Court on 6th March, 2017. According to M