+
Third Parties Can Move Court Against Unauthorised Construction
ECONOMY & POLICY

Third Parties Can Move Court Against Unauthorised Construction

The Calcutta High Court (High Court) Circuit Bench at Port Blair held that a third party or public?spirited citizen can approach the writ court when municipal authorities fail to act against unauthorised construction, noting the burden on civic amenities and safety hazards. The Division Bench (Bench) of Justice Shampa Sarkar and Justice Arjun Ray Mukherjee upheld demolition directions for unauthorised portions of a hotel in Sri Vijaya Puram, subject to the regularisation scheme. The Bench rejected the appellant's locus contention.

The Bench relied on the Supreme Court decision in Deepak Kumar Mukherjee v. Kolkata Municipal Corporation to say that a public?spirited citizen may bring unauthorised construction to regulatory authorities and that a writ petition is maintainable. It noted that the petitioner had responded to a newspaper appeal by the Andaman and Nicobar Administration and lodged a complaint seeking implementation of a demolition order passed in 2011. The judges said laws regulating construction aim for planned development of the Islands.

The Bench observed that rampant unauthorised construction places a strain on civic amenities and creates safety risks, inconveniences and hardships that deny dignified living. It held that where the public at large are likely to be affected and the competent authority remains complacent or fails to ensure demolition, the writ court can be approached for appropriate directions. The court found regularisation is not a matter of right and courts cannot judicially regularise buildings erected without permission.

In the appeal by Dr R. Thulasidasan against a Single Bench order directing the Sri Vijaya Puram Municipal Council to seal his hotel and implement an earlier demolition order, the Bench found violations beyond permissible parameters. The sanctioned plan permitted a total floor area of 293.49 sq.m., whereas the construction measured 1,156.50 sq.m., resulting in a violation of 863.01 sq.m., with unauthorised additional floors, illegal commercial conversion and encroachment on public land. The court directed implementation of the demolition order after considering the modified or proposed regularisation scheme and extended the time for demolition by eight weeks.

The Calcutta High Court (High Court) Circuit Bench at Port Blair held that a third party or public?spirited citizen can approach the writ court when municipal authorities fail to act against unauthorised construction, noting the burden on civic amenities and safety hazards. The Division Bench (Bench) of Justice Shampa Sarkar and Justice Arjun Ray Mukherjee upheld demolition directions for unauthorised portions of a hotel in Sri Vijaya Puram, subject to the regularisation scheme. The Bench rejected the appellant's locus contention. The Bench relied on the Supreme Court decision in Deepak Kumar Mukherjee v. Kolkata Municipal Corporation to say that a public?spirited citizen may bring unauthorised construction to regulatory authorities and that a writ petition is maintainable. It noted that the petitioner had responded to a newspaper appeal by the Andaman and Nicobar Administration and lodged a complaint seeking implementation of a demolition order passed in 2011. The judges said laws regulating construction aim for planned development of the Islands. The Bench observed that rampant unauthorised construction places a strain on civic amenities and creates safety risks, inconveniences and hardships that deny dignified living. It held that where the public at large are likely to be affected and the competent authority remains complacent or fails to ensure demolition, the writ court can be approached for appropriate directions. The court found regularisation is not a matter of right and courts cannot judicially regularise buildings erected without permission. In the appeal by Dr R. Thulasidasan against a Single Bench order directing the Sri Vijaya Puram Municipal Council to seal his hotel and implement an earlier demolition order, the Bench found violations beyond permissible parameters. The sanctioned plan permitted a total floor area of 293.49 sq.m., whereas the construction measured 1,156.50 sq.m., resulting in a violation of 863.01 sq.m., with unauthorised additional floors, illegal commercial conversion and encroachment on public land. The court directed implementation of the demolition order after considering the modified or proposed regularisation scheme and extended the time for demolition by eight weeks.

Related Stories

Gold Stories

Next Story
Infrastructure Energy

Alternative Fuels Overtake Petrol As August Retail Peaks

The Indian automobile industry recorded its best-ever August retail as alternative fuels such as compressed natural gas, hybrid and electric vehicles combined overtook petrol in the passenger vehicle segment for the first time. The shift coincided with oil price rises linked to the war in the Middle East and a cooled public response to higher ethanol content in petrol. Dealers attributed stronger demand to lower running costs and concerns over the E20 petrol transition. Data released by the Federation of Automobile Dealers Associations (FADA) showed total vehicle retail registrations in August..

Next Story
Infrastructure Urban

Singapore Minister Defends SIA Investment In Air India

Singapore government defended Singapore Airlines' investment in Air India after two weeks of public scrutiny over a funding request, saying the flag carrier must expand overseas and that outcomes are for the company and its shareholders to judge. The remarks in parliament followed reports that Air India had sought about US$1.5 billion (US$1.5 bn) of fresh equity from owners Tata Sons and Singapore Airlines. The issue drew attention because Singapore Airlines is majority-owned by Temasek and raised questions about Temasek's role. Officials framed the matter as a commercial decision rather than ..

Next Story
Infrastructure Transport

IndiGo To Begin Guwahati Bangkok Flights

IndiGo will launch non-stop flights between Guwahati and Bangkok from 27 October 2026, marking the carrier's first international operations from the city. A special inaugural service will operate on 27 October, with regular twice a week flights scheduled from 31 October on Wednesdays and Saturdays, subject to regulatory approvals. The new link will provide direct connectivity between Northeast India and Thailand and expand the airline's India–Thailand network. The inaugural Bangkok to Guwahati sector, flight 6E1086, is scheduled to depart Bangkok at 8:50 am and arrive in Guwahati at 10:25 am..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

SPECIAL OFFER
QR Code