Supreme Court asks Calcutta HC to crack down on illegal constructions in larger public interest

The Supreme Court has urged the Calcutta High Court to adopt a firm approach in tackling the menace of illegal constructions in the city, emphasising that the issue demands intervention in the larger public interest.

A Bench of Justices J.B. Pardiwala and K.V. Viswanathan, while dismissing a petition filed by a construction firm challenging a High Court order directing the demolition of unauthorised portions of a building, said the Court must broaden its focus beyond individual cases and deal with unauthorised structures across the city.

“It is high time that the High Court in the larger public interest takes up this issue and ensures that each and every unauthorised construction across the city of Calcutta is dealt with appropriately in accordance with law”, the Bench observed.

Referring to the High Court’s November 26, 2024, order, the Supreme Court commended the “concern shown” in dealing with the unauthorised construction with an iron hand. It also noted that the Howrah Zilla Parishad, after conducting an inquiry, had found that the builders had knowingly and deliberately deviated from the sanctioned plans, and had accordingly ordered the removal of the illegal portions.

“We appreciate the concern shown by the High Court in taking appropriate action against such unauthorised constructions all across the city,” the Bench added.

In May 2024, the Calcutta High Court had directed the Kolkata Police to constitute a Special Task Force to assist officials of the Kolkata Municipal Corporation (KMC) in conducting demolition drives against unauthorised constructions in the city.

Notably, in a ruling delivered in December 2024, the Supreme Court had observed that State governments often sought to enrich themselves by condoning or legitimising building violations and unlawful constructions. The judgment had laid down stringent accountability norms extending beyond builders to include service providers, licensing authorities, and financial institutions. It had directed banks to sanction loans against properties only after verifying completion or occupancy certificates, and further mandated that business and trade licences be withheld in respect of unauthorised structures.

“Unauthorised constructions, apart from posing a threat to the life of the occupants and the citizens living nearby, also have an effect on resources such as electricity, groundwater and access to roads, which are primarily designed to be made available in orderly development and authorised activities,” a Bench of Justices J.B. Pardiwala and R. Mahadevan had observed in its judgment, which was ordered to be circulated to all High Courts, Chief Secretaries of States, and local bodies to ensure its wide implementation.