"A Strong Message Should Be Sent To Such Persons": Calcutta High Court Admonishes Party For Reconstructing Demolished Constructions

In the concerned case, the Kolkata Municipal Corporation had demolished certain illegal constructions in a building pursuant to a Court order. Consequently, without taking leave of the Court, the respondents had reconstructed the demolished portions. Further, certain additional illegal constructions had also been carried out by the respondents.

Pursuant to the perusal of reports submitted by the Director General of Building, the Executive Engineer and Deputy Chief Engineer of the Kolkata Municipal Corporation, Justice Abhijit Gangopadhyay observed with anguish,

"It appears that the private respondents have played in an oversmart manner by reconstructing the demolished portion and by putting thereupon another shed to cover the illegal act. The private respondents have little respect for the constitutional Court of the country as an order was passed earlier by this Court in his presence on 3rd August, 2018".

The Court further opined that a strong message should be sent to such individuals who show abject disregard for the Court's orders and also little respect for the authorities who had demolished the constructions.

Accordingly, the Court directed the Municipal Commissioner to withdraw the building plan and ensure that it is not reissued to the respondents without the leave of the Court. Furthermore, the respondents were permanently restrained from carrying out any form of construction in the concerned building. The costs imposed had to be paid to the High Court Legal Services Authority within a period of two weeks from date of the order.

The Court dismissed the petition by directing the Registrar General to file a report in relation to the issue of payment of costs by the respondents. In the event that the imposed penalty is not paid, an appropriate order may also be passed against the respondents for releasing the cost, the Court observed.

Case Title: Smt. Ranu Pal & Ors. v. Kolkata Municipal Corporation & Ors