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Wednesday, December 19, 2012


The Supreme Court in a matter relating to the illegal and unauthorized constructions of buildings and other structures. Said, this Court has repeatedly emphasized the importance of planned development of the cities and either approved the orders passed by the High Court or itself gave directions for demolition of illegal constructions.

In Dipak Kumar Mukherjee Vs Kolkata Municipal Corporation & others, the Supreme Court emphasized that the illegal and unauthorized constructions of buildings and other structure not only violate the municipal laws and the concept of planned development of the particular area but also affect various fundamental and constitutional rights of other persons. The common man feels cheated when he finds that those making illegal and unauthorized constructions are supported by the people entrusted with the duty of preparing and executing master plan/development plan/zonal plan. The reports of demolition of hutments and jhuggi jhopris belonging to poor and disadvantaged section of the society frequently appear in the print media but one seldom gets to read about the demolition of illegal/unauthorisedly constructed multi-storied structure raised by economically affluent people. The failure of the state apparatus to take prompt action to demolish such illegal constructions has convinced the citizen that planning laws are enforced only against poor and all compromises are made by the State machinery when it is required to deal with those who have money power or unholy nexus with the power corridors.

The appellant a resident of Kolkata. Succeeded before the learned single judge of the Calcutta High Court to order the demolition of unauthorized construction of multi-storied building by respondent No.7 (construction Co.) on the plot owned by the respondent No.8 but could not persuade the division bench to affirm the order of the learned single judge and consequently approached the Supreme Court.

The Supreme Court allowed the appeal and impugned judgement was set aside. The Court ordered demolition of the unauthorized constructions. A cost of Rs.25,00,000/- imposed for violating the sanctioned plan and continuance of illegal constructions despite ‘stop work notice’.

Prepared by: S. Hemanth