HC stays demolition order in unauthorised construction case

Kolkata: The Calcutta High Court on Monday stayed the demolition order in a case where the petitioner had complained against her neighbour carrying out unauthorized construction in the building but the municipality concerned also decided to dispatch a demolition order against the petitioner’s flat which it deemed as unauthorized construction.

The court was hearing a case wherein the petitioner had complained against an unauthorized construction being made by her neighbour in the same building but a notice from Uttarpara Kotrung Municipality informed her that following an inspection the board of councillors decided her flat too is an unauthorized construction and will be demolished.

The petitioner’s counsel argued that the subject matter was the unauthorized construction of the neighbour and in this case the petitioner played her role as an informer.

It was submitted: “The purported order of demolition made by the Board of Councillors is indisputably ex parte, and that the same has been passed behind the back of the petitioner, without providing the petitioner any opportunity of hearing in the matter. The said act and actions are violative of the principle of natural justice and have resulted in the said demolition order being passed which has grave adverse civil consequences on the petitioner, thereby causing immeasurable prejudice to

the petitioner.”

The court in its order directed: “Appellant contends that she was not supplied with the inquiry report and the Board of Councillors relying on the report ex parte passed demolition order. Counsel for the municipality is directed to submit reports along with records leading to the issuance of demolition order by the Board of Councillors.

There shall be a stay of operation of the impugned order (demolition) for six weeks or until further orders, whichever is the earlier.”