Ensure Every Unauthorised Construction In Kolkata Is Dealt With As Per Law : Supreme Court To Calcutta High Court

The Supreme Court recently asked the Calcutta High Court to take up the issue of unauthorized constructions in the city and deal with each of them appropriately in the interest of the general public."It is high time that the High Court in larger public interest takes up this issue and ensures that each and every unauthorized construction across the city of Calcutta is dealt with appropriately in accordance with law" observed a bench of Justices JB Pardiwala and KV Viswanathan.The case pertained to some construction carried out by the petitioner, deviating from the sanction plan, in relation to which the Howrah Zilla Parishad had passed a resolution directing that it be removed. This Resolution noted that the petitioner was aware of government norms and the deviations were made "knowingly and deliberately". In support of his claims, the petitioner relied on Regulation 2015 of the Howrah Zilla Parishad Bye-laws, 2005. However, on 26.11.2024, the High Court dismissed the writ appeal filed by the petitioner and allowed the plea of the complainant.Dismissing the petitioner's challenge to the High Court order, the Supreme Court observed that the Bye-laws were appropriately dealt with by the High Court. "We appreciate the concern shown by the High Court in taking appropriate action against such unauthorized constructions all across the city", it added.At last, the bench led by Justice Pardiwala called on the High Court to swiftly act against unauthorized constructions in Kolkata.Notably, in May, a bench of Justices Pardiwala and R Mahadevan dismissed a petition seeking regularization of an unlawful building in Kolkata, emphasizing that no leniency should be shown towards such violations. The bench stated that illegal structures must face demolition without exception, closing all avenues for regularization after the fact.The High Court, on its part, directed the Kolkata Police to form a Special Task Force to assist the functionaries of Kolkata Municipal Corporation (KMC) in conducting a demolition drive to destroy unauthorized constructions in Calcutta.In 2024, an unauthorized building collapsed in Kolkata's Garden Reach area, leading to multiple fatalities. Subsequent thereto, the High Court directed KMC to take steps including initiating a disciplinary inquiry and potentially suspending the officials who were involved in overseeing illegal constructions in Garden Reach, where the collapse of the under-construction building occurred.Case Title: M/S. T.S CONSTRUCTION v. THE HOWRAH ZILLA PARISHAD, SLP(C) No. 23989/2025Citation : 2025 LiveLaw (SC) 858Click here to read the order

Ensure Every Unauthorised Construction In Kolkata Is Dealt With As Per Law : Supreme Court To Calcutta High Court

Debby Jain

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