Municipal Officer Cannot Take One-Sided Demolition Action Pending Statutory Appeal: Tripura High Court
Mehak
20 Sept 2026 7:20 PM IST
The Tripura High Court has observed that municipal authorities should not entertain complaints or initiate further coercive action concerning an alleged unauthorized construction when a statutory appeal against the demolition order is already pending before the competent appellate authority.
The Court remarked that such an approach could unnecessarily draw citizens into litigation and emphasized that municipal officers must act fairly and should not “take one side and create hardship to the other.”
Justice Dr. T. Amarnath Goud remarked that: “When the appeal is pending, entertaining the complaint, is unwarranted as the municipal authority could have always advise or direct the complainant to pursue the matter before the appellate authority. Since the municipal officers are not effectively working as required under the public law, they are drawing the citizens to the Court. It is not for the municipal officer to take one side and create hardship to the other.”
Background
The Assistant Municipal Commissioner, Central Zone, Agartala Municipal Corporation, passed an order dated October 22, 2025 directing demolition of the second floor of the petitioner's building on the ground that it was an unauthorized construction.
The petitioner challenged the order by filing an appeal along with a stay application before the Municipal Appellate Tribunal on December 29, 2025. While the appeal remained pending without hearing, further steps were initiated for demolition, leading the petitioner to approach the Tripura High Court seeking a stay on the demolition proceedings.
The Court observed that once the petitioner's statutory appeal was pending before the Municipal Appellate Tribunal, the municipal authorities should not have continued pursuing demolition proceedings. It held that the authorities ought to have given the petitioner an opportunity of hearing, examined the relevant records and acted fairly before taking any action against the alleged unauthorized construction.
The Court further remarked that administrative lapses of the municipal authorities cannot be allowed to cause hardship to citizens and advised the Commissioner to ensure that subordinate officers act in accordance with law.
Case Name: Smt. Alakananda Basu v/s The Assistant Municipal Commissioner & Ors.
Case No.: WP (C) No.623 of 2026
Date of Decision: 21.08.2026
