Demolition Order Cannot Be Challenged Directly Under Article 226 When Statutory Appeal Is Available: Calcutta High Court

The Calcutta High Court Circuit Bench at Port Blair has held that a demolition order passed by a municipal authority cannot be directly challenged under Article 226 of the Constitution when an effective statutory appellate remedy is available, observing that the competent officer had passed a reasoned order after granting a hearing to all stakeholders. Justice Apurba Sinha Ray dismissed a writ petition filed by Smti. Kishori Bala Das challenging a demolition direction issued by the Executive Engineer (Planning), Municipal Council, and granted her liberty to pursue the appellate remedy in accordance with law.The petitioner had assailed Order No. 119 dated 13.01.2026 on the ground that her submissions and legal objections were not properly considered by the authority. The order was passed pursuant to an earlier direction of the High Court in WPA 507 of 2025, which had required the concerned officer to consider her representation and pass a reasoned order after affording reasonable opportunity of hearing to all parties. It was her case that the construction in question — an RCC double-storied residential building — had been duly sanctioned in 2013, and that the inspection report failed to establish any deviation with authenticated measurements or revenue demarcation. She further argued that the alleged deviations pertained to old construction and that no contemporaneous action had been taken by the authorities.Upon examining the records, the Court noted that the Executive Engineer had in fact recorded the petitioner's arguments during the hearing but prepared a tabular statement detailing deviations from the sanctioned plan and directed demolition of the unauthorised portions within 30 days. The materials also revealed that provisional and demolition orders had earlier been issued, contradicting the petitioner's claim that no timely steps were taken.The Court observed that the authority had complied with the earlier judicial direction, considered the rival submissions and passed a speaking, reasoned order. Merely because the petitioner's contentions were not accepted could not be a ground to invoke writ jurisdiction. Significantly, the Court emphasised that the impugned order was appealable and that the petitioner had bypassed the statutory remedy by directly approaching the High Court.Finding no merit in the challenge, the Court dismissed the writ petition while granting liberty to the petitioner to file an appropriate appeal before the competent forum, if permissible under law.Case: Smti. Kishori Bala Das Versus The Andaman and Nicobar Administration and Others Case No: WPA/51/2026Click here to read order

Demolition Order Cannot Be Challenged Directly Under Article 226 When Statutory Appeal Is Available: Calcutta High Court

Srinjoy Das

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