SC tells state to form ‘Municipal Tribunal’ within two weeks

Kolkata: The Supreme Court has recently directed the State of West Bengal to complete the formation of Municipal Tribunal within two weeks and warned that failure of compliance can lead to contempt of court proceedings.

Under the Kolkata Municipal Corporation (KMC) Act, 1980, any party aggrieved by a demolition order for unauthorised construction can appeal to the Municipal Building Tribunal within 30 days.

The Apex Court bench of Justice Surya Kant and Justice Ujjal Bhuyan is learnt to have noted that the State of West Bengal has appointed a chairperson for the tribunal but has not yet appointed judicial and technical members, rendering it non-functional.

The Bench directed: “State of West Bengal has appointed a chairperson for the tribunal but has not yet appointed judicial and technical members, rendering it non-functional. However, we are informed that in the absence of any judicial or technical member, the Tribunal is defunct. It seems to us that the State has not complied with our order dated 09.08.2024 in its true letter and spirit.

In the interest of justice, two weeks’ time is granted to the State of West Bengal to appoint the judicial and technical members in accordance with the provisions of the Act and submit a Compliance Report before the Division Bench of Hon’ble the Chief Justice of the High Court at Calcutta, failing which we request the High Court to initiate contempt of court proceedings without any further delay”.

The court directed the concerned authorities to ensure that unauthorized constructions are immediately demolished and directed the aggrieved parties unable to file appeals against demolition orders due to delay in forming the Tribunal to approach the Calcutta High Court for relief.

The Apex Court was dealing with a Special Leave Petition by the Custodian of Enemy Property for India regarding demolition of unauthorised constructions on an enemy property in Kolkata.