Calcutta High Court says no illegal construction to remain for a single day, denies plea

In such circumstances, the court noted that the status quo order over those plots could not be a hindrance to the demolition of the ‘unauthorised construction’.

The court further noted that the schedule of the property did not indicate the existence of any construction, and therefore, continuation of the status quo order did not affect the authorities’ power to proceed under Section 23 of the West Bengal Panchayat Act, 1973.

The Calcutta High Court observed that when the fact-finding authorities, including the pradhan of the Paldhui gram panchayat and the sub-divisional officer, were clear that no permission was obtained for the construction, it was important to implement the order.

“When the fact finding authorities are of the clear view that there was no permission for such construction, implementation of the order is the ultimate consequence of such finding of the appropriate authorities,” the bench said. The court dismissed the appeal, while observing that the dismissal shall not affect the main partition suit.

“Under such circumstances, we do not find any illegality in the order impugned. Accordingly, the appeal and the connected application are dismissed. Dismissal of this appeal will not affect the main suit,” the bench ordered.

Background

The appellant was aggrieved by the single judge’s order to demolish the unauthorised construction identified by the panchayat authorities and the Sub-Divisional Officer, Contai, Purba Medinipur.

A partition suit was pending between co-sharers, and a civil court had ordered maintenance of the status quo over the property. The Calcutta High Court was informed that the appellant and the private parties were co-sharers in respect of several plots of land.

Pursuant to an order passed by the single judge, the concerned gram panchayat had taken up the issue for consideration and had come to a finding that there had been unauthorised construction.

In accordance with Section 23(5) of the West Bengal Panchayat Act, 1973, the matter was then placed before the sub-divisional officer. The sub-divisional officer proceeded in accordance with the provisions of the law and came to a finding that there had been unauthorised construction, i.e., construction without any sanction or permission or valid plan.

With regard to the ownership of the plot on which the construction had been made, the sub-divisional officer left it open to be adjudicated by the appropriate authority.

In exercise of power under Sub-Section (6) of Section 23 of the Act, the appellant was directed to demolish the illegal construction within 15 days from receiving the order, failing which the pradhan of the Paldhui gram panchayat was directed to demolish the building and recover the cost of demolition from the appellant.