The Calcutta High Court has ruled in essence that people who buy flats in unlawfully built
structures can’t really expect legal entitlements that are bigger than what the first property owner
or developer had. The decision came out during a long-running tangle involving a four-storey
apartment building, that is within the area governed by the Howrah Municipal Corporation, and it
was not a quick matter.
A division bench, led by Justice Debangshu Basak and Justice Ritabrata Kumar Mitra, basically
backed the civic body’s power to raze the unapproved part of the building. The court also
dismissed the petition made by the flat owners, without much sympathy.
Background of the Case
This dispute kicked off in February 2024, when nearby residents complained that the building may
not have been raised exactly as per the municipal-approved plan. The High Court then asked the
Howrah Municipal Corporation to check the issue and follow up accordingly.
During the inquiry, it was found that permission had been granted for only three floors. Still, an
extra floor was constructed without approval, which the court noted as a breach of municipal rules.
After that, the municipality directed the owner to demolish the illegal portion. When the owner
didn’t comply, the civic body moved ahead on its own for demolition, but later it was claimed that
the unauthorised floor was not removed completely.
Flat Owners Challenge Demolition
In 2025, Moushumi Roy and her family purchased a flat on the contested fourth floor. Once they
understood that demolition steps were still going to proceed, they approached the High Court.
The petitioners argued that they were not served any prior notice before demolition actions were
taken. They also said they were not given a proper chance to put forward their side before the
process moved ahead. And finally, they claimed their positions as registered flat purchasers
should be safeguarded, even if the original construction had issues.
Significance of the Judgment
Legal experts are treating the ruling as a key precedent for matters linked to unauthorised
construction. This judgment kind of strengthens the idea that buyers have to confirm whether the
property has received all required approvals before purchasing, because ownership by itself may
not shield them from enforcement actions targeting illegal structures.
The decision is also coming during a period when authorities across parts of West Bengal,
including Kolkata, have stepped up action against unauthorised construction and violations of
building codes.
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