The Supreme Court has directed the Bengal government, Kolkata Municipal Corporation and the Custodian of Enemy Property of India and all other authorities concerned to ensure that all unauthorised constructions are forthwith demolished.

The court warned the Bengal government of contempt proceedings if it fails, within “two weeks,” to finalise the setting up of a “Municipal Building Tribunal” to deal with the issue.

“The State of West Bengal, the Calcutta Municipal Corporation, the Custodian of Enemy Property for India and all other concerned authorities are directed to ensure that illegal and unauthorized constructions are immediately demolished as per the direction of the High Court and a compliance report is submitted before the Division Bench of the High Court, presided over by Hon’ble the Chief Justice,” the bench of Justice Surya Kant and Justice Ujjal Bhuyan directed.

The bench also took exception to the Bengal government not complying with its earlier direction to set up a “Municipal Building Tribunal” to exclusively deal with the issue and accordingly asked Calcutta High Court to initiate contempt proceedings against the State if it fails to comply with the directive within two weeks.

The apex court passed the directions while dealing with a special leave petition (SLP) filed by Custodian of Enemy Property for India, challenging certain directions passed by different benches of Calcutta High Court in the matters relating to the demolition of unauthorised and illegal constructions raised at the property situated at 170, Keshab Chandra Sen Street, Calcutta 700009, which was declared as an enemy property under the provisions of the Enemy Property Act, 1968, as amended by the Enemy Property (Amendment and Validation) Act, 2017.

“In SLP(C) …preferred by the Custodian of Enemy Property for India, the challenge has been laid to an order dated 22.08.2023 of the High Court, whereby it was directed that until the Municipal Building Tribunal is constituted and the appeals are decided by that Tribunal, no coercive action shall be taken in respect of the building in question. The operation of that part of the High Court’s order was stayed by us on 10.05.2024 with a clear direction to the Municipal Corporation as well as the Custodian of Enemy Property for India to proceed with the matter of identification of unauthorized constructions and their consequential demolition.

"…We modified that order on 09.08.2024 thereby directing the Calcutta Municipal Corporation to comply with the earlier order dated 10.05.2024 and continue with the demolition/eviction of the unauthorized construction/occupation strictly in accordance with the provisions of the Enemy Property Act, 1968 as amended from time to time. Vide this very order, the State of West Bengal was directed to constitute the Building Tribunal within one week.

"In purported compliance of the order dated 09.08.2024, the State of West Bengal has appointed the Chairperson of the Tribunal. However, we are informed that in the absence of any judicial or technical member, the Tribunal is defunct. It seems to us that the State has not complied with our order dated 09.08.2024 in its true letter and spirit.

"In the interest of justice, two weeks’ time is granted to the State of West Bengal to appoint the judicial and technical members in accordance with the provisions of the Act and submit a Compliance Report before the Division Bench of Hon’ble the Chief Justice of the High Court at Calcutta, failing which we request the High Court to initiate contempt of court proceedings without any further delay,” the apex court said in a written order passed on September 17.

No stay on demolitions

The apex court further clarified that it has not granted any interim stay or a direction either to maintain status quo or to stop the demolition drive.

“In this regard, the directions issued by the High Court from time to time, shall be binding on the parties and any clarification, if so required, may be obtained from the High Court only.

"Learned Chief Justice of the High Court is requested to list all the matters before his Division Bench, to avoid conflicting orders. After appointment of the requisite members, the Municipal Building Tribunal shall take up the appeals arising out of the orders of demolition issued by the Executive Engineer of the Municipal Corporation, on priority basis and at the earliest. It is clarified that we have not expressed any opinion on the merits of the controversy,” the bench said.