Apex Court urges Calcutta HC to act against illegal constructions

Kolkata: The Supreme Court has urged the Calcutta High Court to take decisive action against unauthorized constructions across the city, emphasising the need to safeguard public interest.

A bench of Justices JB Pardiwala and KV Viswanathan underscored that it was “high time” the High Court addressed the issue comprehensively, ensuring that every illegal construction in Kolkata is dealt with in accordance with the law.

The case in question involved a petitioner whose construction deviated from the sanctioned plan. The Howrah Zilla Parishad had earlier passed a resolution directing its removal, noting that the petitioner had knowingly and deliberately violated government norms. The petitioner sought relief under Regulation 2015 of the Howrah Zilla Parishad Bye-laws, 2005. However, on November 26, 2024, the Calcutta High Court dismissed the writ appeal, upholding the complainant’s plea.

Dismissing the petitioner’s challenge, the Supreme Court affirmed that the High Court had appropriately applied the Bye-laws. The bench praised the High Court’s concern in addressing unauthorized constructions and called for swift and systematic action throughout the city.

This follows a similar stance taken in May, when Justices Pardiwala and R. Mahadevan dismissed a petition seeking regularization of an unlawful building in Kolkata. The bench had made it clear that illegal structures must face demolition without exception, ruling out any post-facto regularization.

To implement these directions, the High Court has instructed the Kolkata Police to form a Special Task Force to assist the Kolkata Municipal Corporation (KMC) in carrying out a demolition drive targeting unauthorized constructions.

The urgency of these measures has been underscored by past tragedies, including the collapse of an illegal building in Garden Reach in 2024, which claimed multiple lives. Following the incident, the High Court directed KMC to initiate disciplinary proceedings against officials responsible for monitoring such constructions and consider suspensions where necessary.