On Humanitarian Grounds, The Demolition Of An Illegal Building Postponed Until After The Holiday Season By The Calcutta High Court
Title: Panchibala Polley vs The Bidhannagar Municipal Corporation & Ors.
Decided on: 17th October, 2023
WPA 11753 of 2023
CORAM: Hon’ble Justice Abhijit Gangopadhyay
Introduction
An order from the Bidhannagar Municipal Corporation (“BMC”) for the destruction of an illegal construction has been postponed by the Calcutta High Court. The BMC had previously been ordered to demolish the structure right away.
Facts of the Case
In the aforementioned scenario, all apartment owners have been joined. Nobody has been able to accurately estimate the number of apartment owners in the aforementioned illegal building who bought apartments and/or store rooms from the promoter. The aforementioned individuals showed up with just a “agreement for booking” document; they did not have a purchase deed, but they had paid a significant sum of money to be the owners of the aforementioned apartments.
Courts analysis and decision
Due to the approaching holiday season, flat owners begged for relief after claiming they had been deceived by the promoters and had paid them enormous sums of money. The area’s local councilman informed the court that the flat-owners were in “abject penury” and that the court should have compassion for them before issuing demolition orders.
A single bench of Justice Abhijit Gangopadhyay postponed the demolition decision stating, “I have found that the co-sharers and also the purchasers of flat who are separate group have been duped either by the co-sharers or by the developers being the private respondents or by both. After talking to them I have found that none of them comes from a rich family. Therefore, on humanitarian grounds I do not pass any demolition order today. This order may be passed after the festive season.”
Noting that compassion could not be a deciding element in granting an order, the Court asked the BMC Commissioner and Mayor to meet with the state advocate and council member to see whether there was anything that could be done to help these extremely impoverished people.
Further concluding, “hope and expect that the Mayor and the Commissioner of Corporation will sit in a meeting with the Councillor and their learned advocate Mr. Sirsanya Bandopadhyay after the Puja days i.e. after 24th November, 2023 to find out a solution of the problems faced by human beings who are found from their submissions, are living a sub-human life.”
The matter was thus adjourned till 19th December, 2023.
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Written by- Aashi Narayan