Unless Order Of Demolition Specifically Indicates Extent Of Unauthorised Construction, It Cannot Be Implemented: Calcutta HC

Unless Order Of Demolition Specifically Indicates Extent Of Unauthorised Construction, It Cannot Be Implemented

Case: Sona Karar & anr v. The Howrah Municipal Corporation & ors.

Coram: HM Justice Shampa Sarkar

Case No.: W.P.A. 3982 of 2022

Court Observation: “In the opinion of the Court unless the order of demolition specifically indicates the nature of the deviation and the extent of unauthorised onstruction which is to be demolished, such order cannot be implemented. The order is also unreasoned and arbitrary.” “..this Court is of the opinion that the order does not point out the nature, extent and details of the deviation from the sanction plan. There are no allegations of extension of floors, during the pendency of the revised plan”.

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Keywords

Unauthorised Construction, Order Of Demolition