A structure without a sanctioned plan is unauthorized, irrespective of its age; such constructions cannot gain legality from their longevity.

JUDGMENT :

Gaurang Kanth, J.

1. The Petitioner, by way of the present writ petition, seeks to challenge the demolition order dated 30.01.2024 issued by the Commissioner, Bidhannagar Municipality, whereby the Petitioner along with Respondent No. 8 was directed to demolish the premises situated at 13, Sukanta Park, P.O. Prafulla Kanan (Krishnapur), P.S. Baguiati, Kolkata–700101, West Bengal, from the plinth level, failing which the said demolition would be carried out by the Respondent Municipality at their own instance.

2. Facts leading to the present writ petition are as follows:

3. Late Shri Sachindralal Chowdhury, father of Respondent No. 8 and father-in-law of the Petitioner, purchased a plot of land admeasuring 8 cottahs 3 chittacks situated at premises no. 13, Sukanta Park, P.O. Prafulla Kanan (Krishnapur), P.S. Baguiati, Kolkata – 700101, West Bengal. Out of the said plot, he constructed a residential house over approximately 5 cottahs of land between 1961-1970. Subsequently, in 1990, two additional rooms were constructed on the first floor of the said building. During his lifetime, Late Shri Sachindralal Chowdhury resided in the said premises along with his wife, one son, and two daughters.

4. Shri Sachindralal Chowdhury died intestate in the year 1992, whereupon the said property devolved upon his legal heirs, namely his wife and three children. In the year 1997, the widow of Late Shri Chowdhury relinquished her undivided one-fourth share in favour of her daughter, Smt. Rupa Chowdhury (Respondent No. 8 herein). Thereafter, in the year 2008, Ms. Kumkum Chowdhury, another daughter of Late Shri Chowdhury, executed a registered gift deed dated 11.11.2008, relinquishing her share in favour of her brother, Shri Anjan Chowdhury. Upon the demise of Shri Anjan Chowdhury, his wife, i.e., the present Petitioner, became the absolute owner of his share in the property. Consequently, the Petitioner and Respondent No. 8 became co-owners, each holding an undivided 50%share in the said premises.

5. Both the Petitioner and Respondent No. 8 continued to reside in the said premises. In 2009, during his lifetime, the Petitioner’s husband undertook certain repair works on the roof of the building. Respondent No. 8 lodged a written complaint dated 01.04.2009 before the Commissioner of the then Respondent Municipality, alleging encroachment upon common and undivided areas on the first floor. As the said grievance was not redressed, Respondent No. 8 initiated writ proceedings being WP No. 7583(W) of 2009 and WP No. 9506(W) of 2009. By order dated 28.07.2010, this Hon’ble Court disposed of the said writ petitions by directing the Municipality to decide the pending representation of Respondent No. 8. In compliance thereof, the Chairman of the Municipality passed a speaking order dated 10.05.2011, holding that the dispute between the parties was of a civil nature and could only be adjudicated by a competent civil court. Aggrieved, Respondent No. 8 challenged the said order by filing WP No. 12686(W) of 2011. This Hon’ble Court, by order dated 09.04.2013, set aside the order dated 10.05.2011 and directed the Board of Councillors to conduct an enquiry and hear the parties under Section 218 of the West Bengal Municipal Corporation Act, 2006.

6. Meanwhile, Bidhannagar Municipal Corporation and Rajarhat Gopalpur Municipality were amalgamated, and the newly constituted Bidhannagar Municipal Corporation stepped into their shoes. For alleged non- compliance with this Hon’ble Court’s order dated 09.04.2013 in WP No. 12686(W) of 2011, Respondent No. 8 initiated contempt proceeding