Back
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
GAURANG KANTH
Aruna Dalui – Appellant
Versus
State Of West Bengal – Respondent
| Table of Content |
|---|
| 1. ownership and legal disputes over the property. (Para 1 , 2 , 3 , 4 , 5 , 6 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. claims regarding unauthorized construction and hearing procedures. (Para 15 , 16 , 17 , 18 , 19 , 20 , 22) |
| 3. court's evaluation of procedural fairness and evidence. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 4. validation of the demolition order based on due process. (Para 35) |
| 5. implementation of the demolition order. (Para 36 , 37) |
JUDGMENT :
Gaurang Kanth, J.
1. In both these writ Petitions the demolition order dated 27.11.2024 passed by the Board of Council of the Baranagar Municipality vide its Resolution No. 5(iii) qua the Premise No. 7/1/A, Vivekananda Road, Kolkata-700035 (formerly known as Premise No. 18 or 18/1, Hatem Munshi Lane, Ward No. 08, Kolkata-700035) is under consideration. In WPA 308/2025, the said demolition order dated 27.11.2024 is under challenge where as in WPA 9471/2025, the Petitioner is seeking the issuance of writ of mandamus for the implementation of the said order dated 27.11.2024. In view of the same, this Court deems it appropriate to dispose of both the Writ Petition together by this common judgment.
Facts as eme
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.
A structure without a sanctioned plan is unauthorized, irrespective of its age; such constructions cannot gain legality from their longevity.
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....
The court reaffirmed the principle that unauthorized constructions threaten public safety, necessitating swift enforcement of demolition orders under local municipal law.
Construction without valid municipal sanction is illegal, and reliance on oral assurances does not legitimize unauthorized actions, emphasizing the necessity of strict adherence to statutory requirem....
The court ruled that demolition orders must follow due process and should only be executed if significant public interest is at stake, emphasizing the right to appeal.
The court established that the absence of valid construction permissions renders any structure illegal, and mere tax assessments do not confer legality upon unauthorized constructions.
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
Section 406 of Kerala Municipality Act reads as Demolition or alteration of building work unlawfully commenced, carried on or completed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
