The Calcutta High Court has declared the real estate project “Aqua Golf Villa” at Rajarhat in North 24 Parganas as illegal and unauthorised, and directed the Zilla Parishad, North 24 Parganas, to take steps for its demolition within four weeks.

Justice Suvra Ghosh passed the order while hearing a writ petition filed by Ashley Brian Hyams, a retired ship-captain who had booked a villa in the project developed by M/s Greentech IT City Pvt. Ltd.

According to the petitioner, he had booked Villa No. AGV-19 in the “Aqua Golf Villa” project in 2014 for a consideration of Rs. 1.5 crore and had paid more than Rs. 78 lakh to the developer.

The possession of the villa was promised by November 2016. However, despite the expiry of the promised deadline, possession was never handed over to the petitioner.

The petitioner subsequently filed RTI applications seeking details regarding the approvals and permissions granted for the project.

The information obtained through the RTI process allegedly revealed that the project had not received the requisite sanction from the Chandpur Gram Panchayat, Rajarhat Panchayat Samiti or the Zilla Parishad, North 24 Parganas. The project was also not registered with the West Bengal Real Estate Regulatory Authority (WBRERA).

Enquiry Found No Documents For Construction Permission

The petitioner's case was further supported by an enquiry conducted by a team constituted by the Block Development Officer, Rajarhat.

The enquiry allegedly found that M/s Greentech IT City Pvt. Ltd. was unable to produce documents demonstrating that it had obtained the necessary permission for construction of the project.

The Pradhan of Chandpur Gram Panchayat also confirmed that no permission had ever been granted for construction of “Aqua Golf Villa”.

The petitioner also brought to the Court's notice documents purportedly showing sanction plans and completion certificates which had been relied upon by the developer in parallel proceedings before the National Company Law Tribunal.

According to the petitioner, a subsequent RTI reply dated June 26, 2025 established that such documents were not genuine.

Court Directs Demolition

After considering the material placed before it, the bench declared the project illegal and unauthorized and directed the Zilla Parishad, North 24 Parganas, to take appropriate steps for its demolition within four weeks.

The ruling also concerns the enforcement of the statutory provisions governing unauthorized constructions under Section 23(6) of the West Bengal Panchayat Act, 1973.

The petitioner was represented by Advocates Jayanta Samanta, Sanway Banerjee and Riddhi Naskar.

The detailed judgment is awaited.

Case: W.P.A. No. 1047 of 2024

Title: Ashley Brian Hyams vs. State of West Bengal & Ors.