The Calcutta High Court has set aside a demolition order issued by the Howrah Municipal Corporation after finding that a document relied upon by the civic authority did not establish an admission of unauthorised construction. The Court directed the authority to provide both sides an opportunity to present their documents and pass a fresh, reasoned order.
Background
The writ petition challenged a demolition order dated September 28, 2026, passed by the Assistant Engineer of the Howrah Municipal Corporation.
The Corporation had relied upon a written submission dated April 3, 2025, allegedly made by the petitioner, to conclude that the construction was unauthorised. However, the petitioner disputed this interpretation, maintaining that no such admission had been made.
The Corporation defended its demolition order, arguing that relevant documents supporting the legality of the construction had not been produced during the earlier hearing. The private respondent also supported the order, referring to a complaint filed before the Corporation and a pending civil suit.
Justice Saugata Bhattacharyya examined the disputed written submission, which was available at page 129 of the writ petition.
The Court found that the document did not establish the admission attributed to the petitioner. Instead, it showed that the petitioner had requested additional time to submit supporting documents.
The Court observed:
"On perusal of the document at page 129 issued by the petitioner, it does not appear that there was an admission on the part of the petitioner relating to unauthorized construction made by him. Rather, petitioner prayed for time to submit documents in respect of such construction."
Considering this discrepancy, the Court held that the petitioner should be given an opportunity to substantiate the construction through relevant documents.
The High Court directed the Assistant Engineer, Borough-II, Howrah Municipal Corporation, to provide a hearing to both the petitioner and the private respondent within eight weeks.
The authority was further directed to consider the documents submitted by both sides and pass a reasoned order.
The Court specifically directed:
"The impugned demolition order dated 28th September, 2026 is set aside."
With these directions, the writ petition was disposed of without any order as to costs.
