Illegal building demolition has nothing to do with its age: HC
Times of India | 16 September 2025"The principal defence of the petitioner is that the construction on the ground floor was raised by her father-in-law in 1961-1970, and, therefore, ought not to be treated as unauthorised. But this contention cannot be sustained. As consistently held by the Supreme Court and various high courts, a construction raised without prior sanction remains unauthorised in the eye of law, irrespective of the length of its existence.
Mere passage of time does not confer legality upon an otherwise illegal act. Longevity of a construction cannot legitimise what was illegal from inception." Justice Gaurang Kanth said.
The Bidhannagar Municipal Corporation commissioner had on Jan 30, 2024, directed the demolition of the premises at 13, Sukanta Park in Baguiati for not having any sanctioned plan. The present owner's late father-in-law, Sachindralal Chowdhury, had bought a plot, measuring eight cottahs and three chittacks at this address.
A house was built on five cottahs of the land between 1961 and 1970. Two additional rooms were constructed on the first floor in 1990.
Chowdhury died in 1992, passing on the property to his widow and three children. In 1997, the widow relinquished her rights in favour of her daughter, Rupa Chowdhury. In Nov 2008, Rupa's sister transferred her share to her brother, Anjan Chowdhury. On his demise, his wife became the owner of his share.
Rupa and Anjan's wife, each owning 50% of the property, approached the Calcutta High Court against the demolition order.
The first legal battle on the building construction started in 2009 when Anjan began some repairs and a complaint was lodged, alleging encroachment. While the dispute was on, Bidhannagar Municipality and Rajarhat Gopalpur Municipality were amalgamated, and the newly constituted Bidhannagar Municipal Corporation came into force. After a personal hearing, the corporation passed a demolition order. Rupa and Anjan's wife moved the Calcutta High Court, which in 2024 directed the corporation to reconsider their representation, and on the basis of the commissioner, passed the demolition order again on Jan 30, 2024.
