KOLKATA: The Calcutta High Court has upheld the demolition of the fourth floor of a building under Howrah Municipal Corporation, stating that flat owners cannot demand the legalization of unauthorized construction solely based on their financial investment in that floor.
The case was brought forth by the owners of a flat on the top floor, who petitioned the division bench of Justices Debangsu Basak and Reetobroto Kumar Mitra for urgent consideration on Sunday.
The division bench noted that landowners were notified by the Howrah Municipal Corporation, which conducted an evaluation of the legality of the structure.
“There is no evidence to suggest that the top floor claimed by the appellants (flat owners) is authorized. Investments made by the appellants do not confer any right to legalize the unauthorized structure,” the bench stated.
The crux of their argument was that the owners of the unauthorized flat did not receive a hearing opportunity from the corporation nor any notice regarding the demolition.
“Not every decision by the State requires prior hearing. A claim of violation of natural justice must demonstrate that the affected party has suffered prejudice,” the bench asserted.
Previously, on April 9, the Calcutta High Court instructed the civic body to proceed with the demolition since the building was originally sanctioned for G+3, and the fourth floor lacked approval.
The owners claimed they purchased the top floor via a registered deed of sale dated November 22, 2025.
The developer has been tasked with arranging alternative accommodation for the flat owners.
