SUPREME COURT DIRECTS CALCUTTA HIGH COURT TO TAKE LEGAL ACTION AGAINST ALL UNAUTHORIZED CONSTRUCTIONS IN KOLKATA:

The Supreme Court of India has recently directed the Calcutta High Court to take decisive steps against unauthorized constructions in Kolkata, emphasizing that such violations must be addressed in accordance with the law to protect larger public interests. The bench comprising Justices J.B. Pardiwala and K.V. Viswanathan noted that the time had come for the High Court to assume an active role in ensuring that every instance of illegal construction across the city was dealt with strictly under the statutory framework.

The case before the Court concerned a construction carried out by the petitioner in deviation from the sanctioned plan. The Howrah Zilla Parishad had earlier passed a resolution directing the removal of this unauthorized structure. The resolution specifically recorded that the petitioner was fully aware of the applicable government norms and had nonetheless chosen to proceed with deliberate and conscious deviations. In challenging this action, the petitioner relied on Regulation 2015 of the Howrah Zilla Parishad Bye-laws, 2005. However, the Calcutta High Court, by its order dated 26 November 2024, dismissed the writ appeal filed by the petitioner and upheld the complaint against him.

When the matter reached the Supreme Court, the petitioner sought to assail the High Court’s reasoning. The Court, however, dismissed his challenge, holding that the High Court had correctly applied and interpreted the Bye-laws. The bench appreciated the High Court’s proactive approach in dealing with the matter, observing that strict action against unauthorized construction was essential to curb a menace that was proliferating across the city. The Supreme Court expressed its approval of the High Court’s commitment to treating such violations with the seriousness they deserved and called upon the High Court to continue this course by taking up the larger issue of unauthorized constructions in Kolkata in a systematic and sustained manner.

The Court’s observations came against the backdrop of earlier proceedings where it had adopted an equally firm stance on the subject. In May 2024, a bench led by Justice Pardiwala and Justice R. Mahadevan had dismissed a petition that sought regularization of an unlawful building in Kolkata. On that occasion, the Court categorically stated that no leniency could be shown to violators and that once a construction was found to be illegal, demolition was the only permissible course of action. The Court also emphasized that avenues for post-facto regularization must be firmly closed to prevent incentivizing unlawful practices.

Parallelly, the Calcutta High Court has been monitoring unauthorized constructions in the city with growing concern. In one notable order, the High Court directed the Kolkata Police to form a Special Task Force to assist the functionaries of the Kolkata Municipal Corporation (KMC) in carrying out demolition drives. The objective was to ensure effective enforcement against unlawful structures and to provide administrative support for such operations.

The urgency of the issue was highlighted by a tragic incident in 2024, when an unauthorized under-construction building collapsed in the Garden Reach area of Kolkata, causing multiple fatalities. Following this disaster, the High Court instructed the KMC to undertake disciplinary inquiries against officials who had failed to prevent the illegal activity and even considered suspending those found responsible for permitting the construction to proceed unchecked.

Taken together, the Supreme Court’s latest directions and the High Court’s continuing efforts underscore a judicial commitment to addressing unauthorized construction in Kolkata as a serious threat to public safety and urban governance. The clear message is that unlawful structures will not be tolerated and that both courts expect municipal authorities to act decisively and without delay.