The Supreme Court of India has directed the Calcutta High Court to take up the issue of unauthorized constructions in Kolkata comprehensively and to ensure strict compliance with the law while dealing with such violations.

 

A Bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan stressed that the menace of illegal constructions poses serious risks to urban planning, safety, and governance.

 

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

 

Background of the Case: M/s. T.S. Construction v. The Howrah Zilla Parishad

 

The observations came while dismissing a petition challenging an order of the Calcutta High Court concerning construction carried out in Howrah in deviation of the sanctioned building plan.

• The Howrah Zilla Parishad had passed a resolution directing the demolition of the petitioner’s illegal construction, noting that the deviations were made “knowingly and deliberately.”

• The petitioner argued that the construction was protected under the Regulation 2015 of the Howrah Zilla Parishad Bye-laws, 2005.

• However, on 26 November 2024, the Calcutta High Court dismissed the petitioner’s writ appeal and sided with the complainant.

 

The Supreme Court upheld this finding, observing that the High Court had rightly applied the bye-laws and taken due steps against the unauthorized construction.

 

Beyond the individual dispute, the apex court took note of the larger pattern of illegal and unsafe constructions in Kolkata and Howrah, some of which have resulted in building collapses and loss of lives.

 

The Court appreciated the proactive stance of the High Court in directing municipal authorities to take decisive action:

 

 

The Bench further emphasized that this issue must be addressed not only case-by-case but also at a systemic level, warning that unchecked illegal constructions erode the rule of law and endanger public safety.

 

This is not the first time the judiciary has intervened against illegal buildings in Kolkata:

• In May 2024, a Bench led by Justice Pardiwala and Justice R. Mahadevan rejected a plea seeking regularization of an unlawful building in Kolkata, ruling that no leniency should be shown toward violators. The Court underlined that illegal structures must face demolition without exception, and attempts to regularize them after the fact must be barred.

• Following the collapse of an unauthorized under-construction building in Garden Reach in 2024, which led to multiple deaths, the Calcutta High Court directed the Kolkata Municipal Corporation (KMC) to take stringent action. This included conducting a disciplinary inquiry, initiating the suspension of negligent officials, and deploying a Special Task Force with the Kolkata Police to identify and demolish illegal structures across the city.

Reiterating the urgent need for reform, Justice Pardiwala’s Bench urged the High Court to act swiftly and monitor enforcement to ensure that municipal and local bodies do not shirk their responsibilities.

 

The ruling sends a strong message that illegal constructions will not be tolerated, and any attempt by builders to exploit loopholes or secure post-facto approvals will be struck down.