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IN THE HIGH COURT AT CALCUTTA
GAURANG KANTH
Rukhsana Hamid – Appellant
Versus
State Of West Bengal – Respondent
| Table of Content |
|---|
| 1. challenge against demolition order context (Para 1 , 2) |
| 2. unauthorized construction complaints to municipality (Para 3 , 4 , 5 , 6 , 7) |
| 3. petitioner’s ownership claim and context (Para 8 , 9 , 10 , 11) |
| 4. procedural violations in passing demolition order (Para 12 , 13 , 14 , 15) |
| 5. respondent’s arguments supporting demolition order validity (Para 18 , 20 , 22) |
| 6. delegation of powers under municipal law (Para 27 , 28 , 30 , 31 , 32 , 33) |
| 7. interpretation of statutes regarding powers (Para 34 , 36 , 39) |
| 8. ruling on unauthorized construction (Para 45 , 46) |
| 9. final ruling on writ petitions (Para 47 , 48 , 49) |
JUDGMENT :
Gaurang Kanth, J.
1. The demolition order dated 04.03.2024 having Memo No. 3049/(12)/PW/Eng/24 passed by the Superintending Engineer, Asanasol Municipal Corporation in connection with demolition of a certain portion of the Nuruddin House having JL No. 20, Mouza Asanasol Municipality is in consideration in both these matters. In WPA 20449/2024, the Petitioner is challenging the said demolition order where as in 18238/2024, the Petitioner is seeking the implementation of the said demolition order. Hence this Court decided to dispose of both these matters wi
The Superintendent Engineer validly issued a demolition order under delegated authority, despite challenges regarding notice and natural justice, affirming the necessity of judicial efficiency in mun....
A structure without a sanctioned plan is unauthorized, irrespective of its age; such constructions cannot gain legality from their longevity.
The court affirmed that opportunities in legal proceedings must be utilized effectively, and failure to substantiate property claims does not invalidate administrative actions under Article 226.
Section 406 of Kerala Municipality Act reads as Demolition or alteration of building work unlawfully commenced, carried on or completed.
The court emphasized the necessity of proper notice and adherence to procedural safeguards in administrative actions affecting property rights, ruling the demolition illegal due to failure to follow ....
Proper service of notice under the Kolkata Municipal Corporation Act can be achieved through speed post, satisfying statutory requirements for natural justice.
The court reaffirmed the principle that unauthorized constructions threaten public safety, necessitating swift enforcement of demolition orders under local municipal law.
The court emphasized that demolition orders under the West Bengal Panchayat Act must come from authorized bodies, prohibiting post facto sanctions for unauthorized constructions.
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