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2025 Supreme(Online)(Cal) 2200
CALCUTTA HIGH COURT
Raja Basu Chowdhruy, J
Sri Durbal Ghosh & ors. – Appellant
Versus
The State of West Bengal & Ors. – Respondent
W.P.A 1654 of 2025 | WPA 1685 of 2024
For the Appellants/Petitioners: Mr. Bikramaditya Ghosh, Mr. Debanjan Das
For the Respondents: Mr. Subir Kr. Saha, Ms. Bedshruti Bose, Mr. Sandip Guha Roy, Mr. Rohit Agarwal, Mr. Ajay Singhal, Mr. Tanmoy Sinha Sarkar, Ms. Heena Yasmin Shaikh, Mr. Arjun Roy Mukherjee, Mr. Debarshi Dhar
Unauthorized constructions on agricultural land violate statutory provisions, necessitating demolition.
Headnote:(A) West Bengal Panchayat Act, 1973 - Section 23 - Unauthorized construction - The petition seeks demolition of illegal structures after a previous writ petition directed steps to be taken as per law regarding such constructions. A team ascertained violations of construction laws leading to a potential demolition order. (Paras 1, 2, 3, 5)
(B) The statutory authority's report determined that the construction violates agricultural land use regulations under the West Bengal Land Reforms Act, 1955. (Paras 3, 4)
Facts of the case:
The petitioners are demanding the demolition of unauthorized constructions carried out by specific respondents, following a history of similar litigation. The prior orders reflect directives for legal compliance in regard to unauthorized constructions on agricultural land.
Findings of Court:
The court requires a binding undertaking by respondents regarding the status of the construction and affirms the principle that unauthorized structures cannot be permitted to persist.
Issues: The court examined the legality of construction permits and the provision of agricultural land use.
Ratio Decidendi: The court emphasized adherence to legal standards for land use and the importance of maintaining status quo regarding unauthorized construction until the court reaches a decision.
Result: The respondent Nos. 12-15 are directed to file an affidavit regarding non-construction and use of the property.
| Table of Content |
|---|
| 1. petition for demolition due to unauthorized construction. (Para 1 , 2) |
| 2. statutory violations concerning land use are established. (Para 3) |
| 3. contestation regarding construction permits without support. (Para 4) |
| 4. court asserts unauthorized constructions must not remain. (Para 5) |
| 5. undertakings required to assure compliance with court orders. (Para 6 , 8) |
| 6. future hearings scheduled for receipt of undertakings. (Para 9 , 10 , 11) |
1. The present petition is for demolition of the unauthorized and illegal construction carried out by the respondent Nos. 12 to 15, in the second round of litigation.
2. Records reveal that the petitioners had previously, inter alia, seeking demolition of illegal and/or unauthorized structure had filed a writ petition being WPA 1685 of 2024. Although, the writ petition was disposed of by order dated 26th September, 2024 directing the respondent No. 5 to decide the issue of unauthorized construction and to deal with such unauthorized construction in accordance with law, however, on an appeal being filed by the private respondents, the Hon’ble division Bench by an order dated 29th November, 2024, had modified the said order and passed a fresh direction by constituting a team for ascertaining inter alia whether the construction was in violation of Section 23 of the West Bengal Panchayat Act , 1973. The appropriate authority was also directed to take steps on the basis of the findings.
3. Ms. Bose learned advocate appearing for the State has placed before this Court a report and would submit that in furtherance to the order dated 29th November, 2024, passed by the Hon’ble Division Bench a report has been prepared by the team constituted by the Hon’ble Division Bench and on the basis thereof, the order dated 16th July, 2025 has been passed. The order dated 16th July, 2025 would highlight that there is no sanction/ permission accorded under Section 23 of the West Bengal Panchayat Act , 1973, in respect of the G+4 storied building which has been constructed on a land measuring 0.13 acres in LR plot No. 233 of Mouza Kalaram, Phansidewa Block. Records would reveal that that land in question was mutated in favour of one Smt. Gouri Singla and the land in question is classified as “Rupni” meaning the land meant for agricultural purpose. It would also transpire that the construction has come up on the land in question in contravention of the provisions of West Bengal Land Reforms Act , 1955 as the land has not been converted and is hit by the provisions of Section 4C of the West Bengal Land Reforms Act , 1955.
4. Mr. Singhal, learned advocate representing the respondent Nos. 12 to 15 would like to submit that there is a sanction building plan which is duly sanctioned by Jalas-Nijamtara Gram Panchayat. His contention, however, not been supported, either of the team constituted by the Hon’ble Division Bench or by the said Gram Panchayat. Such fact would corroborate from the report filed in Court today as also from the report filed by the team constituted by the Hon’ble Division Bench.
5. The Hon’ble Division Bench of this Court has also categorically made it clear that an unauthorized construction cannot be allowed to remain.
6. Mr. Singhal, learned advocate at this stage seeks leave to file affidavit-in-opposition to bring on record additional documents. Although, consequent upon the order being passed by the team constituted by the Division Bench, there is no scope to introduce any new documents, however, for the ends of justice, liberty is granted to the respondent Nos. 12 to
15 to file an affidavit.
7. Mr. Singhal, learned advocate would, however, candidly submit that the property in question would only be used for residential purpose and at present no construction is going on. He would also submit that the above building is yet to be occupied.
8. Having regard thereto, I am of the view that an undertaking should be filed by the respondent Nos. 12-15 that no further construction shall be carried ou
