Calcutta HC: Order can’t be improved in contempt case

kolkata: Setting aside an impugned order for demolition of an allegedly unauthorised construction, the Calcutta High Court observed that an original order cannot be improved or modified in contempt jurisdiction.

The division bench of Justices Joymalya Bagchi and Gaurang Kanth was hearing a prayer by the appellants for a stay on the demolition order of an allegedly unauthorised construction. The counsel for the appellants submitted that his clients had challenged the demolition order before the Municipal Building Tribunal under the Section 400 (3) of the Kolkata Municipal Corporation (KMC) Act.

After perusing the materials on record, the court observed that the single judge had directed the competent authority of the KMC to inspect the structure and after giving the opportunity of hearing, pass a reasoned order.

The order by the single judge further clarified that the hearing officer would only look into the validity of the construction ie whether the construction was in absence of a sanctioned plan or was in deviation of sanctioned plan or in violation of rules, and nothing more.

The division bench observed that the order did not direct the respondent authorities to demolish the structure, if the same is found to be unauthorised. “This direction came to be passed in the contempt proceeding. It is settled law that the original order cannot be improved or modified in contempt jurisdiction,” the court observed.