The Calcutta High Court, in its judgment dated 27 June 2024, declared that retaining illegal constructions is itself unlawful and against public interest.
The case involved unauthorized construction carried out in blatant violation of building rules under the Kolkata Municipal Corporation Act.
The Court emphasized that once a structure is declared illegal, any decision to retain it — whether by the municipal authority or a state body — is unconstitutional and violates the rule of law.
It held that public authorities have no discretion to regularize or protect structures that have been erected without sanction or contrary to building laws.
The Court reiterated that illegal constructions, if allowed to persist, promote lawlessness and erode citizens’ faith in governance.
Referring to several previous Supreme Court and High Court rulings, it stated that demolition is the only just and lawful remedy against unauthorized constructions.
The judgment further cautioned municipal corporations and government officers against granting post-facto approvals or shielding such constructions for political or monetary gains.
It clarified that even if innocent purchasers or tenants are involved, the illegality of the structure cannot be justified or cured.
Ultimately, the Court ordered the demolition of the unauthorized structure and called for strict compliance with urban planning regulations.