Kolkata: The Division Bench of Calcutta High Court on Tuesday granted an interim stay on the Single Bench order for immediate implementation of Bally Municipality order for demolition of an alleged unauthorised construction.
The owners and occupants of the flat in the building had sought to challenge the order passed by the Single Judge. It was further informed that a portion of the alleged unauthorised construction has already been demolished. The Division Bench of Justice Arijit Banerjee allowed their application for leave to appeal on Tuesday.
The Bally Municipality had passed an order for demolition on December 6, 2022. Directions were given for demolishing of the unauthorised portion of the construction made at the premises within 15 days, failing which the municipal authority would be at liberty to demolish the unauthorised construction without any further notice.
Alleging that the mentioned direction was not being implemented by the municipality, the woman approached the Calcutta High Court and the matter was heard by Justice Abhijit Gangopadhyay who directed immediate implementation of the demolition order.
Senior advocates appearing for the appellants submitted that the earlier Division Bench order clearly directed the municipality to pass a fresh order after hearing all concerned parties. However, the appellants who are owners and occupants of the flat in building inquisition claim that they were never given an opportunity of hearing.
Further, the order of demolition dated December 6, 2022 is even more vague than the order of demolition dated March 17, 2022 which was passed earlier by the municipality and was set aside by the single judge on the ground of vagueness.
“We are prima facie satisfied that the appellants have an arguable case. Indeed, the earlier Division Bench order directed the municipality to pass the order afresh only after hearing all concerned parties. This would ordinarily mean that all parties likely to be affected by any demolition order should have been heard. Afterall, nobody should be condemned unheard,” the Bench observed.