Kolkata, Nov. 4 -- The Calcutta High Court has held that a Municipal Administrator has full authority to decide complaints of unauthorised construction and order demolition of illegal structures even when no elected board is in place.
Justice Arindam Mukherjee made the observation while dismissing a developer's plea against a demolition order passed by the Administrator of Bally Municipality. The order directed the removal of an unauthorised fourth floor and other deviations from the sanctioned building plan following a complaint by a neighbouring landowner.
An inspection revealed that the entire fourth floor, measuring about 244.30 square metres, had been constructed without a sanctioned plan. The Administrator, by an order dated July 28, 2022, directed demolition of the fourth floor and the deviated portions. An appeal filed under the West Bengal Municipal Act was dismissed by the appellate authority on December 22, 2023.
Challenging the orders, the developer argued that the Administrator lacked jurisdiction and that only an elected municipal board could issue a demolition order.
The High Court rejected the contention, noting that an earlier writ order dated March 24, 2022 had specifically referred the complaint to the Administrator for adjudication.
The judge observed that when the Board of Councilors is not in place, citizens cannot be left without a remedy and the administrator is legally empowered to act on such matters.
During the proceedings, one of the respondents died. The court allowed substitution of his legal heirs, condoned the delay in filing the application and set aside abatement, observing that the delay was not deliberate. After examining the records, Justice Mukherjee found no illegality or procedural lapse in the demolition order. The revisional application was dismissed and the interim stay protecting the construction was vacated.
The court directed that certified copies of the order be supplied to the parties upon completion of formalities, allowing municipal authorities to proceed with the demolition in accordance with law.
Published by HT Digital Content Services with permission from Millennium Post.