The Circuit Bench of the Calcutta High Court at Port Blair has refused to interfere with a demolition order passed by the Municipal Council against a residential structure in Aberdeen village. Justice Apurba Sinha Ray, after hearing all sides, dismissed the writ petition filed by Smti. Kishori Bala Das, holding that the civic authority had followed due process and passed a reasoned decision.
The judgment was delivered on February 6, 2026, a day after the hearing concluded.
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Background of the Case
Smti. Kishori Bala Das had approached the High Court challenging an order dated January 13, 2026, issued by the Executive Engineer (Planning), Municipal Council, Andaman and Nicobar Administration. The order directed demolition of certain portions of her double-storied RCC residential building, citing deviations from the sanctioned construction plan.
The petitioner argued that her case had not been properly considered. According to her, the officer ignored key legal submissions made during the hearing and mechanically ordered demolition without addressing those concerns.
Earlier Court Direction
The matter had a history before the court. An earlier writ petition filed in 2025 led a coordinate bench of the High Court to direct the municipal authority to reconsider the petitioner’s representation dated March 10, 2025.
That earlier order clearly required the authority to hear all parties, allow documents to be placed on record, and pass a reasoned order within eight weeks. The demolition order challenged in the present case was passed pursuant to that direction.
Arguments Before the Court
Counsel for Smti. Kishori Bala Das maintained that the building was sanctioned in 2013 and that the inspection report relied upon by the authorities failed to show any authenticated measurement proving deviation. It was also argued that allegations of construction beyond recorded land were unsupported by revenue demarcation or joint verification.
The petitioner’s side further contended that the alleged deviations related to construction completed before 2014 and that no timely action was taken back then, making the present proceedings legally weak.
On the other hand, counsel for the administration submitted that demolition proceedings had, in fact, been initiated earlier and that the petitioner was given a full opportunity of hearing. The administration also pointed out that the impugned order was appealable, and the writ petition was therefore premature.
Court’s Observation
After examining the records, Justice Sinha Ray noted that the Executive Engineer had specifically recorded the petitioner’s arguments and considered them before arriving at the decision.
“The record shows that demolition orders were issued earlier and the matter did not remain dormant,” the court observed, referring to a demolition order passed in November 2015 following site inspection and complaints.
The court also found that the municipal authority had complied with the High Court’s earlier directions and issued a reasoned order after hearing all stakeholders. In such circumstances, the judge held that it could not be said that the petitioner’s case was ignored or decided arbitrarily.
Importantly, the court underlined that the January 13, 2026 order was appealable under law.
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Decision of the Court
Finding no merit in the challenge, the High Court dismissed the writ petition. However, it granted liberty to the petitioner to approach the appropriate appellate forum, if permitted under law.
“There shall be no order as to costs,” the court clarified while disposing of all connected applications.
With this, the writ petition stood dismissed, bringing the proceedings to a close at the High Court level.
Case Title: Smti. Kishori Bala Das vs The Andaman and Nicobar Administration & Others
Case No.: WPA 51 of 2026
Decision Date: 06 February 2026
