Calcutta High Court Defers Demolition Of Illegal Building Till ‘After Festive Season’ On Humanitarian Grounds, Cites Tenants’ Economic State

The Calcutta High Court has kept in abeyance an order for the demolition of an illegal building under the jurisdiction of Bidhannagar Municipal Corporation (“BMC”). Earlier, the BMC had been directed to demolish the building forthwith.

Acknowledging the plight of those who had invested considerable sums of money in acquiring either shops or houses in the building, a single-bench of Justice Abhijit Gangopadhyay kept the demolition order in abeyance “till after the festive season.”

The demolition order passed yesterday is kept in abeyance as of now. I have found that the co-sharers and also the purchasers of flat who are separate group have been duped either by the co-sharers or by the developers or by both. After talking to them I have found that none of them comes from a rich family. Therefore, on humanitarian ground I do not pass any demolition order today. This order may be passed after the festive season, it held.

Court further remarked that although the IC, Bidhannagar PS had submitted that sufficient force would not be available to carry out the demolition due to the festive season, if necessary, in future [the Court] may obtain the help of Central Reserve Police Force for demolition of the building.

Flat owners had submitted that they had paid huge sums of money to the promoters and had been duped by them, and prayed for relief on account of the impending festive season.

The local councillor of the area told the Court that the flat-owners were in “abject penury” and that before passing orders of demolition, the Court would need to consider their state with sympathy.

In noting that sympathy could not be a factor in passing an order, the Court requested the Mayor and Commissioner of the BMC to meet with the councillor and state Advocate to see that if there can be any solution to save these persons who are very poor.

I hope and expect that the Mayor and the Commissioner of Corporation will sit in a meeting with the Councillor and their learned advocate after the Puja days i.e. after 24th November, 2023 to find out a solution of the problems faced by human beings who [as] found from their submissions, are living a sub-human life, it concluded.

Case: Panchibala Polley vs The Bidhannagar Municipal Corporation & Ors.

Case No: WPA 11753 of 2023

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