Supreme Court Directs West Bengal To Form Municipal Building Tribunal Within 2 Weeks, Asks HC To Initiate Contempt Proceedings On Default

The Supreme Court on Tuesday (September 17) directed the State of West Bengal to complete the formation of the Municipal Building Tribunal within two weeks, warning that failure to comply could lead to contempt of court proceedings.

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

A bench of Justice Surya Kant and Justice Ujjal Bhuyan 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.

“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 Court was dealing with an SLP by the Custodian of Enemy Property for India regarding demolition of unauthorized constructions on an enemy property in Kolkata.

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.

“In other words, the State of West Bengal, the Calcutta Municipal Corporation, the Custodian of Enemy Property for India and all other concerned authorities are directed to ensure that illegal and unauthorized constructions are immediately demolished as per the direction of the High Court and a compliance report is submitted before the Division Bench of the High Court, presided over by Hon'ble the Chief Justice. The parties, who are aggrieved of the inordinate delay in constitution of the Tribunal and who have been deprived of their right to file statutory appeal, are relegated to approach the High Court for an appropriate relief”, the Court held.

On August 22, 2023, the Calcutta HC by the impugned order prevented coercive action against the unauthorized construction until the Municipal Building Tribunal is constituted and decides the appeals.

However, the Supreme Court stayed this order on May 10, 2024, directing the demolition process to proceed.

The Supreme Court on August 9, 2024 directed the Calcutta Municipal Corporation to comply with the earlier order dated May 10, 2023 and continue the demolition drive in accordance with the Enemy Property Act. The Court also directed the State to constitute the tribunal.

Thereafter, on Tuesday, the Court was informed that the judicial and technical members of the Tribunals have not yet been appointed.

Thus, the Court directed that aggrieved parties, who have been unable to file statutory appeals against demolition orders due to delay in forming the Tribunal, approach the HC for relief. The Court requested the Chief Justice of the Calcutta HC to list all related matters before his division bench to avoid conflicting orders. The tribunal, once fully constituted, has to prioritize appeals related to demolition orders.

The Court clarified that no interim stay or order to maintain status quo has been granted by it, and all parties must comply with the HC's directions.

The Supreme Court emphasized that it has not expressed any opinion on the merits of the case.

Case no. – Special Leave to Appeal (C) No.11834/2024

Case Title – Custodian of Enemy Property for India v. Md. Yakub @ Md. Yakub Ansari & Ors.

Citation : 2024 LiveLaw (SC) 719