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IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
GAURANG KANTH
Kanika Chowdhury – Appellant
Versus
Bidhannagar Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. historical ownership and construction details. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. petitioner's arguments against the demolition order. (Para 11 , 12 , 13 , 14 , 15) |
| 3. respondent's defense regarding the legality of the construction. (Para 16 , 18 , 19) |
| 4. court's analysis of legality under municipal law. (Para 22 , 23 , 24 , 25 , 26) |
| 5. writ petition dismissed. (Para 27) |
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 (Kris
A structure without a sanctioned plan is unauthorized, irrespective of its age; such constructions cannot gain legality from their longevity.
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 affirmed that opportunities in legal proceedings must be utilized effectively, and failure to substantiate property claims does not invalidate administrative actions under Article 226.
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....
Sanction under the West Bengal Municipal Act requires strict compliance; deemed sanction cannot apply without a complete valid application.
Legal validity of municipal demolition order confirmed; deemed sanction requires strict procedural compliance.
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
The impugned order was found to be arbitrary and unreasoned, and in contravention of statutory provisions, leading to its setting aside by the court.
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