The Calcutta High Court set aside a demolition order issued by the Howrah Municipal Corporation after finding that the owner’s request for time to submit documents did not admit that the construction was unauthorised.
Why the demolition order was set aside
The corporation’s Assistant Engineer issued the demolition order on 28 September 2026 following a complaint. In reaching its decision, the authority had treated the owner’s written request dated 3 April 2025 as an admission about the construction. Justice Rishad Medora examined the document and found that it sought time to produce documents.
Fresh hearing within eight weeks
The High Court directed the Assistant Engineer to hear the owner and the complainant again, allow them to produce relevant documents and issue a reasoned order within eight weeks of the judgment. The fresh proceeding will determine the municipal complaint.
Case: Sujoy alias Sujay Sarkar v. Howrah Municipal Corporation and others, WPA 31462 of 2026, order dated 10 November 2026.