The Calcutta High Court has granted temporary protection to a woman residing in an allegedly unauthorized fifth-floor flat in Howrah, while directing the landlord and developer to arrange alternative accommodation for her.
The bench Justice Raja Basu Chowdhury refused to stop demolition proceedings initiated by the Howrah Municipal Corporation against the illegal portions of the building.
Background of the Case
The matter arose from WPA 11655 of 2026, filed by petitioner Indradevi Sonkar, who claimed she was originally a tenant at premises located on M.C. Ghosh Lane in Howrah.
The petitioner told the court that after the property was sold to a new owner, a redevelopment agreement was entered into in 2021. Under that arrangement, existing tenants temporarily vacated the building to allow reconstruction by a developer. She was later shifted to a flat on the fifth floor of the newly constructed building in 2025.
However, the municipal corporation informed the court that the structure had approval only up to the third floor, while two additional floors - including the fifth floor occupied by the petitioner - were built without authorization.
Court’s Observation
After examining the records, the court noted that the petitioner’s flat was situated in a “completely unauthorized” portion of the building. Justice Raja Basu Chowdhury observed that there was “no scope to restrain the municipality from demolishing the unauthorized portion.”
At the same time, the court considered the petitioner’s undertaking that she would remove her belongings within one month. Taking that into account, the bench granted her limited interim protection from immediate demolition action.
The court further directed the municipality to conduct an inspection and properly identify the petitioner’s occupied portion in her presence.
Right to Shelter Highlighted
The High Court also criticized the conduct of the landlord and developer for rehabilitating the petitioner in an unauthorized structure. The bench remarked that “the illegality committed” by them could not be ignored.
Referring to Article 21 of the Constitution, the court said the right to life includes the right to shelter. The bench observed that securing accommodation in a city like Howrah is difficult and cited the Supreme Court ruling in In Re: Directions In The Matter of Demolition of Structures.
“The manner in which the private respondents had dealt with the petitioner speaks volumes of the mala fide conduct,” the court observed.
Court’s Decision
The High Court directed the landlord and developer to first relocate the petitioner to another residence of similar nature, provided the new accommodation is part of an authorized construction. The court held that both parties would jointly bear responsibility for the relocation.
Since the private respondents failed to appear before the court despite notice, the Officer-in-Charge of the concerned police station was directed to ensure their presence on the next hearing date.
As an interim measure, the court ordered that no coercive action be taken against the petitioner’s portion until the next hearing scheduled for June 17, 2026.
Case Details
Case Title: Indradevi Sonkar vs Howrah Municipal Corporation & Ors.
Case Number: WPA 11655 of 2026
Judge: Justice Raja Basu Chowdhury
Decision Date: May 22, 2026
