The Calcutta High Court on Sunday upheld the demolition of the fourth floor of a building under the Howrah Municipal Corporation, ruling that flat buyers cannot claim regularization of unauthorized construction solely on the grounds that they invested in the property.
Court's Observation on Investment Claim
A division bench comprising Justices Debangsu Basak and Reetobroto Kumar Mitra heard the urgent petition from owners of a flat on the top floor. The court noted that the Howrah Municipal Corporation had issued notices to the landowners and conducted an evaluation to determine whether the structure was authorized.
The bench stated, "There is no material before us to suggest even remotely that the top floor over which the appellants claim title is an authorized construction. Appellants cannot claim that the unauthorized construction of the top floor be regularized purely on the basis that appellants made investment on the top floor."
Natural Justice Argument Rejected
The flat owners argued that they were not given an opportunity to be heard by the corporation and no demolition notice was served to them. The court rejected this plea, holding that "every decision of the State need not be preceded by a hearing prior to such decision being taken. It is trite law that the person who is claiming violation of principles of natural justice must establish prejudice caused by such alleged violation."
Background of the Case
On April 9, a single bench of the Calcutta High Court had directed the civic body to proceed with the demolition, as only a G+3 structure was sanctioned, and the fourth floor was found to have no approval. The flat owners claimed they purchased the top floor through a registered sale deed on November 22, 2025.
The court also directed the developer to make necessary arrangements for alternative accommodation for the flat owners affected by the demolition.
