Demolition Of Illegal Building Construction Under the KMC Act: A Comprehensive Legal Analysis of Building Regulations, Irregularities, and Judicial Remedies in Kolkata

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I. Introduction: Navigating Kolkata’s Building Regulatory Framework

The urban landscape of Kolkata, like any major metropolis, is governed by a complex web of regulations designed to ensure planned development, structural integrity, public safety, and environmental protection. At the heart of this regulatory framework lies the Kolkata Municipal Corporation Act, 1980 (hereinafter, “the KMC Act”), which serves as the primary legal instrument for controlling construction and addressing building irregularities within the city’s jurisdiction. This legal analysis aims to provide a comprehensive and expert-level examination of the demolition process under the KMC Act, detailing the intricate procedures, relevant legal provisions, and available defenses. It will also explore the judicial principles enunciated by the Calcutta High Court and the Supreme Court of India in this domain, offering practical insights for legal professionals and stakeholders navigating these complex matters.

A. Purpose and Scope of this Legal Article

This article is structured to offer a deep dive into the legal nuances surrounding building demolition in Kolkata. Its primary purpose is to elucidate the entire process by which demolition actions are initiated and executed by the KMC, identify the specific legal provisions that empower such actions, and delineate the procedural safeguards and substantive defenses available to affected parties. Furthermore, it will analyze how judicial bodies, particularly the High Court and the Supreme Court, interpret and apply these laws, including the avenues for challenging demolition orders and the principles guiding such challenges. Special attention will be given to the unique considerations applicable to properties under the Thika Tenancy regime.

B. Overview of the Kolkata Municipal Corporation Act, 1980 (KMC Act)

The KMC Act, 1980, represents a significant legislative evolution, having replaced the erstwhile Calcutta Municipal Act, 1951. This transition was necessitated by the growing complexities of urban challenges, particularly the proliferation of unauthorized constructions that posed substantial threats to public safety and orderly development. The 1980 Act introduced more stringent provisions and expanded the powers of the Municipal Corporation to address these issues effectively.1 The legislative intent behind the KMC Act is explicitly geared towards public benefit, aiming to foster planned development, ensure structural safety, and maintain essential civic amenities across the city.1 It provides a robust legal framework that balances the right to property with the overarching public interest in a safe and well-regulated urban environment.

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C. Foundational Definitions under the KMC Act

A thorough understanding of the KMC Act’s enforcement mechanisms begins with its foundational definitions, which are notably broad and comprehensive, designed to encompass a wide array of construction-related activities and structures. This expansive definitional framework is a deliberate legislative strategy to prevent developers or owners from exploiting narrow interpretations of terms to bypass sanction requirements or building rules, thereby establishing a wide jurisdictional net for the Corporation. This approach makes it challenging for unauthorized constructions or alterations to claim exemption based on technicalities.

1. “To Erect a Building” (Section 390)

The expression “to erect a building” under Section 390 of the KMC Act extends far beyond merely constructing a new edifice. It encompasses a wide range of activities that significantly alter or establish a structure. This includes:

• Erecting a new building on any site, irrespective of prior construction.

• Re-erecting a building if more than half of its cubical contents above plinth level, or more than half of the superficial area of its external walls above plinth level, or more than half of the posts or beams in its external walls (for a frame-building) have been pulled down, burnt, or destroyed.

• Converting a building or any part thereof not originally constructed for human habitation into a dwelling house, or converting a dwelling house for any other purpose. This also includes converting a residential building into a building for any other uses, or converting a single dwelling house into multiple dwelling houses.

• Converting any place or building not originally intended for religious worship into such a place.

• Roofing or covering an open space between walls or buildings, to the extent of the new structure formed.

• Converting two or more tenements in a building into a greater or lesser number.

• Converting a building not originally constructed for commercial or industrial use (e.g., stall, shop, office, warehouse, factory, garage) into such a use, or subdividing/adding to existing commercial/industrial units.

• Converting a building previously exempt from building regulations into one that would be subject to such regulations in its converted form.

• Converting into or using as a dwelling house any building that had been discontinued or appropriated for other purposes.

• Making any addition to a building.

• Permanently closing any door or window in an external wall.

• Removing or reconstructing the principal staircase or altering its position.1

2. “Building”

The term “building” itself is defined broadly to include various components and structures. This comprehensive definition ensures that additions and alterations are explicitly included within the scope of “building,” preventing attempts to avoid the rigor of Building Rules. It covers parts of a building, verandas, balconies, roofs, and chimneys. Notably, even structures without a roof, such as a swimming pool, or an underground reservoir for storing petrol, have been legally regarded as buildings. For taxation purposes, a part of a building has also been considered a building.1

3. “Alteration”

“Alteration” is defined as a change from one occupancy to another, or any structural change. This includes additions to any area or height, removal of a part of a building, or changes to the structure such as constructing, cutting into, or removing any wall, partition, column, beam, joist, floor, or other support. It also encompasses changes to or closing of any required means of ingress or egress, or changes to any fixture or equipment. Substantial and material changes to a building’s outer aspect are explicitly considered alterations.1

4. “Occupancy” or “Use Group”

“Occupancy” or “use group” refers to the principal use for which a building or part of a building is used or intended to be used, including subsidiary occupancies. Buildings with mixed occupancies have more than one use present in different portions. The classifications include:

• Residential buildings: For normal residential purposes, with or without cooking/dining facilities, including dwellings, hostels, apartments, flats, and private garages.

• Educational buildings: For school, college, or day-care purposes involving instruction or recreation.

• Institutional buildings: Providing sleeping accommodation for medical treatment, care of persons (ill, infirm, infants, aged), or penal detention (e.g., hospitals, clinics, jails).

• Assembly buildings: Where groups congregate for amusement, recreation, social, religious, patriotic, civil travel, sports, etc. (e.g., theatres, auditoria, hotels, places of worship, stadia).

• Business buildings: For transaction of business, keeping accounts/records, or professional establishments (e.g., offices, banks, court houses, libraries).

• Mercantile buildings: Used as shops, stores, or markets for display/sale of merchandise, or incidental office/storage facilities (e.g., wholesale outlets, warehouses).

• Industrial buildings: Where products/materials are fabricated, assembled, or processed (e.g., laboratories, factories, workshops).

• Storage buildings: Primarily for storing or sheltering goods (e.g., cold storages, freight depots, public garages).

• Hazardous buildings: For storage, handling, manufacture, or processing of highly combustible, explosive, corrosive, toxic, or noxious materials.1

 

Table 1: Key Definitions under KMC Act

II. The Building Sanction Process: Compliance, Prerequisites, and Deviations

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The KMC Act establishes a rigorous process for obtaining building sanction, designed to ensure that all construction activities align with urban planning objectives and safety standards. This process involves multiple stages, from application submission to scrutiny by specialized committees and final approval or refusal by the Municipal Commissioner.

A. Prohibition of Building Without Sanction (Section 392)

A fundamental tenet of the KMC Act is the strict prohibition against any person erecting or commencing to erect any building, or executing any of the works specified in Section 390, without first obtaining the explicit sanction of the Municipal Commissioner. Such sanctioned work must strictly adhere to the provisions of the KMC Act, its rules, and regulations, and requires the payment of prescribed fees.1 For instance, the erection of a telecommunication tower necessitates prior sanction, while construction of a boundary wall exceeding 2 meters in height without sanction is impermissible, implying that structures below this height may not require it.1

B. Application for Sanction: Procedure and Documentation (Section 393)

The process for obtaining sanction begins with the submission of a written notice to the Municipal Commissioner. This notice must be in a prescribed form, accompanied by specified fees (including a Drainage Development fee), and contain all requisite information. The Corporation holds the authority to levy these fees with retrospective effect.1

Crucially, the application must be supported by a document of title for the land, a declaration confirming the land is unaffected by the Urban Land (Ceiling and Regulation) Act, 1976, and comprehensive location, site, and building plans, along with detailed specifications. The building plans must strictly comply with municipal rules and other statutory provisions.1 While minor omissions in the initial application particulars may not automatically invalidate it, all required information must eventually be furnished to the Municipal Commissioner’s satisfaction for the application to be considered on its merits.1 It is also pertinent that the rules prevailing at the time of the order’s passing, rather than those at the time of application, are typically applied.1 The building rules are fundamentally designed to protect the rights and interests of persons, including adjoining property owners.1

C. Online Application Submission (Section 393A)

In a strategic move towards enhancing efficiency and transparency, the KMC Act now allows for the mandatory online submission of building plan sanction applications for certain categories of buildings or specific areas. Upon notification by the State Government, the provisions of Section 393 may cease to apply to such notified categories or areas.1 This shift represents a strategic adaptation by the KMC to combat the pervasive issue of unauthorized construction by streamlining legitimate processes. Online applications require submission in soft form, along with soft copies of prescribed documents and plans, with specific modalities and fees to be prescribed.1 A critical safeguard in this digital process is that a plan submitted online is

not deemed sanctioned unless explicitly certified as “duly uploaded” by the competent authority. This explicit requirement for certification, rather than a passive “deemed sanction” (a concept from the 1951 Act that is no longer applicable), closes a potential loophole that previously allowed constructions to proceed without explicit approval, thereby enhancing regulatory oversight. Sanction or refusal for online submissions is also communicated online.1 This suite of changes reflects a proactive and reactive legislative strategy, aiming to make legal compliance easier while simultaneously making illegal construction more difficult to perpetrate.

D. Applications for Additions or Repairs (Section 394)

Beyond new constructions, Section 394 governs applications for additions or repairs. Any person intending to execute works specified in clauses (b) to (m) of sub-section (1) of Section 390 must apply for sanction by giving written notice to the Municipal Commissioner. This notice must adhere to a prescribed form, contain specific information, and be accompanied by all required documents and plans.1 This section specifically covers cases of conversion, addition, closure, or removal of parts of a building.1

E. Specifying Purpose of Building Use and Validity of Notice (Section 395)

Applicants are mandated to specify the precise purpose for which a building is intended to be used when giving notice under Section 393. Generally, only one class of use, consistent with the building’s occupancy or use group, is considered permissible, unless specific mixed occupancies are explicitly allowed. For works under Section 390(1)(b), if a change in purpose is proposed or likely, it must be specified. Any such change that would result in mixed occupancies contrary to law is strictly prohibited.1 A notice is deemed valid only when all required information and plans have been furnished to the Municipal Commissioner’s satisfaction.1

F. Sanction, Provisional Sanction, or Refusal: Grounds and Process (Section 396)

The Municipal Commissioner is obligated to sanction the erection of a building or the execution of a work unless it contravenes specific provisions of Section 396(2) or (3), or Sections 405 or 406. For most buildings, excluding residential structures on plots of 500 square meters or less and heritage buildings, prior approval from the Mayor-in-Council is mandatory for sanction.1 The Mayor-in-Council’s decision is informed by recommendations from the Municipal Building Committee and, for heritage properties, the Heritage Conservation Committee, with reasons for any modification or cancellation of these recommendations recorded in writing.1

Sanction for a building or work may be refused on several specific grounds:

• The proposed building, work, or use of the site, or any particulars in the submitted plans (site plan, ground plan, elevation, section, or specification), would contravene the KMC Act, its rules, regulations, or any other prevailing law.1

• The notice for sanction lacks the required particulars or is not prepared in the prescribed manner.1

• Any information or document requested by the Municipal Commissioner has not been duly furnished.1

• If a layout plan is required under Section 364 or 365, it has not been sanctioned.1

• The building or work would result in an encroachment on Government land or land vested in the Corporation.1

• The site of the building or work does not abut a street or projected street, or lacks access to such a street via an appurtenant passage or pathway.1

The Corporation’s authority in granting or refusing sanction is confined strictly to the requirements of building laws, bye-laws, and regulations, excluding extraneous considerations.1 For leasehold properties, the municipal authorities are only required to satisfy themselves that the lessee possesses exclusive construction rights under the lease terms during its currency; hearing the lessor or lessee is not deemed necessary.1

In instances where a license or permission is required from another government department or statutory body and is not immediately available, a provisional sanction may be granted for the erection of the building, subject to all other provisions of the Chapter.1 It is important to note that this provisional sanction is distinct from the concept of “deemed sanction” that existed under the Calcutta Municipal Act, 1951, and cannot waive any formal requirements.1 Upon sanction or provisional sanction, the Municipal Commissioner must communicate the decision, explicitly stating the occupancy or use group. If sanction is refused, a brief statement of reasons must be recorded and communicated.1 For online plan submissions, these communications are also conducted online.1

A critical legal principle governing sanction is that no vested right can be claimed based on unamended rules; changes in law made in public interest are applicable, and the rules prevailing at the time of the order, not the application, govern.1 The KMC Act mandates

express sanction for construction, explicitly precluding any notion of “deemed sanction” or “deemed rejection”.1 While the Commissioner may examine title documents before granting sanction, the authority does not extend to adjudicating rival titles.1 The Corporation also holds the power to impose conditions while granting sanction, including requiring rectification as a precondition.1 Furthermore, any sanction granted through mala fide exercise of power, such as bypassing objections due to undue influence, is illegal and justifies cancellation and subsequent demolition.1 An adjoining property owner possesses a legitimate right to object to a sanction if it is not in conformity with the statute and rules, particularly if it infringes upon their rights to light, air, or constitutes an actionable nuisance.1

G. Role of the Municipal Building Committee (Section 391)

The Municipal Building Committee plays a pivotal role in the sanction process. Constituted by the Mayor-in-Council and chaired by the Municipal Commissioner, the committee comprises a diverse group of experts and officials, including nominees from the Kolkata Metropolitan Development Authority, Commissioner of Police, West Bengal Fire Services, State Government, Chief Engineer of the Municipal Engineering Directorate, and reputable architects and town planners, as well as a nominee from the Department of Environment.1 The committee’s composition was expanded specifically due to the increase in unauthorized constructions, highlighting a reactive legislative response to a persistent urban challenge.1

Its primary function is to scrutinize nearly all applications for the erection or re-erection of buildings (with the exception of residential buildings on plots of 500 square meters or less) and forward its recommendations to the Mayor-in-Council. This scrutiny extends to matters related to preserving and maintaining the aesthetic quality of urban and environmental design within Kolkata, especially for buildings that might impact the skyline or public amenities. Cases affecting telecommunication microwave systems or civil aviation functions must be referred to relevant government agencies for their opinions before recommendations are finalized.1 The Mayor-in-Council, upon considering these recommendations, must record written reasons for any modifications, alterations, or cancellations.1 The committee’s enhanced role and the integration of online processing (as outlined in Section 396A) represent a strategic legislative adaptation aimed at more robust internal scrutiny and streamlined, transparent processing of legitimate applications, thereby making it harder to build illegally.

H. Basic Building Requirements under KMC Rules (Section 404)

Section 404 empowers the State Government to formulate comprehensive rules for regulating and restricting the use of sites for building and the construction of buildings. These rules collectively form the Municipal Building Code, which serves as the authoritative guide for all construction activities within Kolkata.1 The objective of these general powers is to ensure that the rules and regulations guarantee the security, safety, and convenience of the public.1

1. Open Spaces, Area, and Height Limitations

The KMC rules meticulously prescribe requirements for open spaces, area, and height limitations. Minimum open space requirements are set based on building height.2 For instance, a building up to 7.0m in height requires 1.2m front, 1.2m side, 1.2m side, and 2.0m rear open space, while a building over 20.0m to 25.5m requires 5.0m on all sides and 6.5m at the rear.3

In a pragmatic policy shift aimed at encouraging regularization and quality control in historically informal or difficult-to-develop areas, relaxations have been introduced for buildings on “thika, bustee and colony land” with plot sizes of no more than 3 cottahs. For example, a house on a 7-10 chhatak (300-450 sqft) plot may now only need to leave 1ft of open space in front, 1ft on two sides, and 3ft at the back.5 This dual approach—strict for major violations, flexible for minor or context-specific ones—reflects a nuanced regulatory philosophy that balances public safety with the practicalities of urban living and inclusive development.

Maximum building height is contingent upon the width of the road it faces. For roads between 2.4m and 3.0m, the maximum height is 7m, escalating to 40m for roads between 9.0m and 12.0m, and potentially no restriction for roads less than 15.0m in some contexts.2 However, recent restrictions have been imposed, limiting new buildings to 25.5m (or nine-storeys) due to civil aviation concerns, particularly near airports and flying clubs, where even a three-storey building might require Airport Authority of India (AAI) clearance.7 The Floor Area Ratio (FAR), which determines the maximum permissible floor area relative to the plot size, is also dictated by the road width adjacent to the plot, with wider roads typically allowing higher FAR.3

2. Structural Design, Quality of Materials, and Workmanship

The KMC Building Code mandates stringent requirements for structural design, quality of materials, and workmanship, including provisions for alternative materials, methods, and tests.1 Compliance with applicable codes and standards is paramount.8 For public buildings and private houses exceeding three storeys, soil testing and seismic analysis are mandatory.9 Additionally, outer pillars or column footings must be constructed at least 1 meter within the plot boundary.9 The Corporation can legitimately insist that building plans are drawn up and prepared by licensed or empanelled architects possessing the requisite qualifications.1 Furthermore, structural stability certificates may be required, particularly for the regularization of illegal structures, ensuring a quality check even for previously unauthorized constructions.3 The introduction of Section 414, which mandates the engagement of technical persons and holds them accountable for misconduct leading to loss of life or property, directly links past building collapses to a legislative response emphasizing professional accountability.1

3. Requirements for Specific Building Parts (Plinth, Rooms, Basements, etc.)

Detailed rules govern various parts of a building. Habitable rooms in residential buildings must have a minimum height of 2.75 meters.3 Kitchens must be separate rooms with proper ventilation, lighting, and drainage, and a minimum floor area of 7.5 square meters (or 9.5 square meters if doubling as a dining room).2 Bathrooms require a minimum floor space of 1.5 square meters, adequate ventilation (exhaust fan or window), and must be constructed with waterproof materials and proper drainage facilities.2 Basements are permitted only in buildings on plots of at least 40 square meters, with the basement area not exceeding 50% of the ground floor area, and requiring KMC approval after site inspection and plan review to ensure stability.2 For basement parking, one ramp is mandatory for areas less than 1000 sq.m., and two ramps for larger areas, each at least 4 meters wide.2 Boundary walls have specific minimum and maximum heights and distance requirements from roads and other buildings based on building type (e.g., residential boundary walls must be 1.5m to 2.75m high and at least 1.2m from the road).2

4. Fire Protection and Exit Requirements

The Building Code also includes comprehensive fire protection requirements, covering materials and designs for interior decoration. Furthermore, it specifies detailed exit requirements, including standards for doorways, corridors, passageways, staircases, ramps, and lobbies, crucial for ensuring public safety in multi-storied buildings.1

5. Special Provisions for Corners of Streets (Section 405) and New Streets (Section 406)

For buildings intended to be erected at the corner of two streets, the Municipal Commissioner holds special powers under Section 405. This includes the authority to refuse sanction, impose restrictions on use, set special conditions for exit/entry, require rounding off or splaying of the corner, or even acquire a portion of the site for public convenience or amenity. Such actions necessitate scrutiny by the Municipal Building Committee and prior approval from the Mayor-in-Council.1

Section 406 addresses constructions on either side of new streets. Sanction may be refused until the new street has been adequately developed (levelled, metalled or paved, drained, lighted, and laid with a water main) to the Commissioner’s satisfaction. Refusal can also occur if the building falls within the regular line of a projected street or contravenes any building plan or scheme prepared under the Act. Furthermore, permission may be refused for erection or re-erection of buildings within a prescribed distance from flyovers, overbridges, or transportation terminals.1

6. Prohibitions on Inflammable Materials (Section 407) and Excavation (Section 409)

To ensure public safety, Section 407 prohibits the construction or reconstruction of roofs, verandahs, pandals, or walls of a building, or any shed or fence, using highly inflammable materials like cloth, grass, leaves, or mats, without the written permission of the Municipal Commissioner. Such permission is typically granted for a year and requires fresh renewal annually.1

Section 409 grants the Municipal Commissioner the power to immediately stop any excavation or other work if it touches or is likely to touch underground utilities (electric/telephone cables, water/sewerage/drainage mains, gas pipes) or if it poses a danger to the public. This provision is particularly vital in a densely populated city like Kolkata, where deep excavations for high-rise foundations can significantly affect existing neighboring buildings and critical infrastructure.1

I. Building Irregularities and Deviations from Sanctioned Plans

Building irregularities and deviations from sanctioned plans represent a significant challenge to urban governance and public safety in Kolkata. The KMC Act defines these extensively and prescribes severe consequences for non-compliance.

1. What Constitutes an Irregularity or Deviation

An irregularity or deviation fundamentally arises when any construction, alteration, or change of use is undertaken without or contrary to the sanction referred to in Section 396, or in contravention of any of the provisions of the KMC Act, its rules, or regulations.1 Specific instances include:

• Construction in “no construction zones” (e.g., near protected lakes or high tide lines).1

• Failure to stop construction immediately upon receipt of a stop-work notice.1

• Construction on land that does not comply with Municipal Laws and rules.1

• Sanction obtained through material misrepresentation or fraudulent statements (Section 397), rendering the work as if commenced without sanction.1

• Sanction granted in a common area without the consent of a co-owner, which is deemed illegal and non-regularizable without such consent.1

• Obstruction on a municipal road without due process.1

• Any construction that violates a statutory provision, where courts are generally reluctant to interfere with the power to stop such construction.1

• Non-compliance with completion certificate requirements under Section 403.1

• Unauthorized extensions, additional floors/rooms, or zoning violations (e.g., not maintaining required distances from roads, properties, public spaces).13

• Changes in building use without permission (e.g., residential to non-residential, conversion of tenements).1

2. Consequences of Non-Compliance

The KMC Act provides robust enforcement powers to address non-compliance. Unauthorized constructions are consistently liable to be removed or demolished by the Municipality.1 Such constructions cannot be regularized by a court decree, underscoring the principle that courts will not legitimize illegal acts.1 Non-compliance with completion certificate requirements carries legal penalties.1 Violations can lead to graded penalties based on the extent of the violation, the size of the property, and its impact on the surrounding area.13 For instance, builders found guilty of violating sanctioned plans and cheating bona fide purchasers of unauthorized constructions may be directed to compensate by refunding the cost of the flat with interest.1

III. The Demolition Process Under the KMC Act: Powers and Procedures

The KMC Act grants the Municipal Commissioner and the Mayor-in-Council significant powers to order the demolition or alteration of buildings that contravene legal provisions or pose a danger. These powers are exercised through specific procedures, ensuring a balance between expeditious enforcement and due process.

A. Order of Demolition and Stoppage (Section 400)

Section 400 of the KMC Act is the cornerstone provision empowering the Municipal Commissioner to address unauthorized or irregular constructions.

1. Conditions for Issuing Demolition/Stoppage Orders

An order for demolition or stoppage of work can be issued where the erection of any building or the execution of any work has been commenced, is being carried on, or has been completed:

• Without or contrary to the sanction referred to in Section 396.

• In contravention of any of the provisions of the KMC Act or the rules and regulations made thereunder.1

The order directs the person at whose instance the work was undertaken (owner, occupier, or any other person causing the work) to demolish the structure within a specified period, typically not less than five days and not more than fifteen days.1 This power is supplementary to any other action that may be taken under the Act, and can be exercised even if the building has been assessed for property tax.1

2. Mandatory Notice and Opportunity to Show Cause

A crucial procedural safeguard is that no demolition order can be made unless the affected person has been given a “reasonable opportunity of showing cause” why such an order should not be made, through a notice served in a manner the Municipal Commissioner deems fit.1 This principle of natural justice is paramount, ensuring procedural fairness even in cases of illegal construction.16 Demolition orders require prior notice.1

3. Regularization of Minor Unauthorized Constructions/Deviations

The KMC Act incorporates a degree of proportionality and pragmatism in its enforcement. The Municipal Commissioner holds discretionary power to regularize minor unauthorized erections, execution of minor works without sanction, or minor deviations from sanctioned plans. This regularization is subject to prescribed terms and conditions and the payment of specified fees, with “minor deviation” being defined by regulations.1 This approach allows for rectification of less severe infractions, demonstrating a nuanced regulatory philosophy that balances strict enforcement with practical urban development needs. However, compounding of unauthorized construction is permissible only for marginal or insignificant accidental violations, not for deliberate, reckless, or motivated violations, as regularization is considered a rare exception, not a rule.1

4. Immediate Action by Mayor-in-Council (Section 400(8))

Notwithstanding the general procedures, Section 400(8) grants the Mayor-in-Council extraordinary power to cause a building or work to be demolished forthwith if, for reasons recorded in writing, immediate action is deemed necessary due to contravention of the Act.1 This emergency power is justified when the construction endangers human life, water supply, drainage, sewerage, road traffic, or causes fire hazards.1 This highlights public safety as a paramount concern, allowing for expedited action in critical situations, overriding typical due process timelines. This power has been upheld as not being ultra vires.1

A recent development in the KMC’s approach to demolition, reflecting an evolution in enforcement strategy, is the issuance of a circular mandating that demolition must be “comprehensive” – involving the smashing of ceilings, floors, beams, and columns – rather than merely drilling holes. This directive stems from observations that partial damage often allowed developers to easily rebuild illegal structures. This proactive measure aims to make structures genuinely unliveable and prevent rebuilding efforts, indicating a learning curve and adaptation in enforcement strategy to ensure the effectiveness of demolition orders.18

5. Accountability of Technical Persons (Section 401A)

While Section 401 itself is not detailed in the provided materials, Section 401A is referenced within the context of Section 414 (Engagement of Technical Persons). It stipulates that if any loss of life or property is caused, or is likely to be caused, due to misconduct on the part of a technical person (e.g., architect, engineer), such person shall be subject to the provisions of Section 401A.1 This provision underscores the legislative intent to hold professionals accountable for their role in ensuring building safety and compliance.

B. Power to Require Alteration of Work (Section 402)

Beyond outright demolition, the Municipal Commissioner possesses the power under Section 402 to require alterations to a building or work. At any time during construction, or within three months after completion, the Commissioner may issue a written notice specifying any non-conformity with the sanctioned plan, conditions of sanction, or provisions of the Act/rules. The notice can either require specific alterations to bring the work into conformity or demand a show cause within a stated period as to why such alterations should not be made. Failure to show cause obligates the person or owner to make the specified alterations. If cause is shown, the Commissioner will either cancel or confirm the notice, with or without modifications.1 This provides a less drastic alternative to demolition for rectifying violations.

C. Demolition of Old, Infirm, or Dangerous Buildings (Section 411)

Section 411 specifically addresses buildings that pose a danger due to their structural condition, irrespective of their initial legality. This contrasts with Section 400, which primarily targets unauthorized or contravening constructions.

1. Criteria for “Ruinous,” “Dangerous,” or “Likely to Fall” Structures

If any wall or building, or anything affixed thereto, is deemed by the Municipal Commissioner to be in a ruinous state, likely to fall, or in any way dangerous, action can be initiated.1 For heritage buildings, the matter may be referred to the Heritage Conservation Committee for consideration and decision.1

2. Notice Requirements to Owners and Occupiers

Upon deeming a structure dangerous, the Municipal Commissioner is required to forthwith cause a written notice to be served on the owner and conspicuously affixed to the wall or building, or served on the occupier. This notice mandates the owner or occupier to forthwith demolish, repair, or secure the wall, building, or thing, as required.1 An opportunity must be given to the occupier to object to the order.1 It is notable that No Objection Certificates (NOCs) from landlords or tenants are not necessary for the demolition of dangerous buildings; the Commissioner’s satisfaction regarding the necessity for public health and safety is sufficient.1

3. Emergency Powers of the Municipal Commissioner (Section 411(4))

Notwithstanding the general notice requirements, Section 411(4) grants the Municipal Commissioner emergency powers. Based on a report from the Chief Municipal Architect and Town Planner certifying that immediate action is necessary for public safety or the safety of inmates, the Commissioner may forthwith, or with such notice as deemed fit, demolish, repair, or secure any such dangerous structure. In such cases, the Commissioner may also summarily remove inmates from the building. All expenses incurred are recoverable from the owner.1 Any action taken under this emergency provision is presumed lawful and in good faith unless proven otherwise.1 This power, similar to Section 400(8), prioritizes immediate public safety over extended procedural timelines.

4. Power to Order Building to Be Vacated (Section 412)

Complementing the demolition powers, Section 412 enables the Municipal Commissioner to order the vacation of any building deemed to be in a dangerous condition, lacking sufficient means of egress in case of fire, or occupied in contravention of Sections 396 or 403. A brief statement of reasons must be recorded for such an order. If a person fails to vacate, the Commissioner may direct a police officer to remove them. The Commissioner is also obligated to reinstate persons once circumstances permit.1 This section emphasizes fire safety, a critical concern for high-rise buildings in Kolkata.1

D. Completion Certificates (Section 403)

After the completion of erection or execution of work, the person who gave notice under Section 393 or 394, or the owner, must, within one month, deliver a written notice of completion to the Municipal Commissioner. This must be accompanied by a prescribed certificate and provide all necessary facilities for inspection. Crucially, no person can occupy or permit the occupation of such a building, or use any part affected by the work, until permission has been granted by the Municipal Commissioner.1 The completion certificate typically requires three sets of completion plans, a structural stability certificate, confirmation of underground reservoir construction, plinth inspection clearance, drainage work approval, and electricity/lift installation certificates.1 Failure to comply with these requirements entails legal penalties.1

IV. Legal Avenues and Defenses Against Demolition/Alteration Orders

Parties aggrieved by demolition or alteration orders under the KMC Act have specific legal avenues for recourse, primarily through statutory appeals and, in certain circumstances, through writ petitions before the High Court. The judicial approach emphasizes due process, but generally does not extend equity to deliberate violators.

A. Appeals to the Municipal Building Tribunal (Section 400(3) & Section 415)

The primary statutory remedy against a demolition or stoppage order issued by the Municipal Commissioner under Section 400(1) is an appeal to the Municipal Building Tribunal.

1. Constitution and Jurisdiction of the Tribunal

The State Government appoints the Municipal Building Tribunal, which is mandated to hear and decide appeals arising from orders under Section 400 (demolition/stoppage) or Section 416 (prohibition on change of use), as well as appeals under other Municipal Corporation Acts.1 The Tribunal comprises a Chairman and up to fourteen other members. The Chairman, or a judicial member, must be a person who is or has been a member of the West Bengal Higher Judicial Service, while technical members must possess knowledge or experience in town planning, civil engineering, or architecture.1 The Chairman may constitute multiple Benches, each with at least one judicial and one technical member.1

2. Procedure for Filing Appeals and Statutory Time Limits

Any person aggrieved by an order of the Municipal Commissioner under Section 400(1) may prefer an appeal to the Tribunal within thirty days from the date of the order.1 The provisions of Part II and Part III of the Limitation Act, 1963, apply to these appeals.1

3. Power to Grant Stay Orders (Section 400(4))

The Municipal Building Tribunal possesses the power to stay the enforcement of a demolition order during the pendency of an appeal, on such terms and for such period as it deems fit.1 However, if the erection or execution of the building or work has not been completed, no stay order will be granted unless the appellant furnishes sufficient surety to the Tribunal, undertaking not to proceed with the work pending the appeal’s disposal.1 This power of stay is considered inherent to an appellate tribunal.1

Orders made by the Municipal Building Tribunal on appeal are final and conclusive. Similarly, the Municipal Commissioner’s order, if not appealed or confirmed on appeal, becomes final. Non-compliance with a final order within the specified period empowers the Municipal Commissioner to proceed with demolition and recover expenses as an arrear of tax.1 The Act explicitly states that, save as provided in Section 400, no court shall entertain any suit, application, or other proceeding for injunction or other relief against the Municipal Commissioner to restrain action or orders under this section.1 This provision reinforces the principle of exhausting statutory remedies before approaching higher courts.

B. Challenging Sanction Obtained Through Misrepresentation or Fraud (Section 397)

Section 397 provides a mechanism for the Municipal Commissioner to cancel a sanction or provisional sanction if it was obtained through material misrepresentation or any fraudulent statement in the notice or information furnished under Sections 393, 394, or 395. Upon such cancellation, any building or work commenced or executed is deemed to have been done without sanction and can be dealt with under the Act’s provisions. Before issuing such an order, the Municipal Commissioner must provide a reasonable opportunity to the affected person to show cause against the cancellation.1 This ensures that even if a sanction was initially granted, its fraudulent procurement can lead to its revocation and subsequent enforcement action, including demolition.1

C. Filing Illegal Construction Cases in the High Court (Article 226 of the Constitution)

While the KMC Act provides a specific appellate forum, the High Court’s writ jurisdiction under Article 226 of the Constitution of India remains an important avenue, albeit with specific scope and limitations.

1. Scope and Limitations of Writ Jurisdiction

Generally, writ petitions are maintainable against orders of statutory tribunals, such as the Municipal Building Tribunal.1 However, courts are typically reluctant to entertain writ petitions when an effective alternative remedy, such as an appeal to the Tribunal, is available.1 A writ court will not substitute its own view for the discretion exercised by the municipal authority unless that discretion is found to be arbitrary, mala fide, or exercised without due consideration of relevant facts.1 The High Court has questioned the KMC’s intent to act against illegal constructions, directing reports on reasons for “supporting” unauthorized structures, indicating judicial scrutiny of municipal inaction or collusion.22

2. Principles of Natural Justice and Due Process in Demolition Cases

The principles of natural justice are fundamental to any administrative action, including demolition orders. These principles, which include the right to notice and a fair hearing, are not limited to judicial functions but extend to administrative matters.16 The Supreme Court of India has emphasized that “bulldozer justice” without due process is unknown to any civilized society and has issued guidelines requiring a written notice at least 15 days before demolition, stating the nature of violations, required documents, hearing details, and the authority involved.16 Failure to provide a reasonable opportunity to show cause renders a demolition notice unreasonable, insufficient, and violative of natural justice.1 The right to life under Article 21 of the Constitution, which encompasses the right to livelihood and shelter, cannot be taken away without following the due process of law.16

3. When Writ Petitions are Maintainable (e.g., Arbitrary Action, Failure of Public Duty)

A writ petition can be invoked in cases where the Municipality fails to perform its public duty due to extraneous or suspicious considerations.1 This includes instances where the authority acts in an arbitrary manner or violates a petitioner’s right to property without recorded reasons.1 The High Court may intervene if a report submitted by the KMC lacks crucial particulars or fails to meet the substance and spirit of an inspection order, indicating a failure to assess structural risks adequately.23 However, courts are generally cautious about interfering with the authority’s discretion unless it’s clearly arbitrary.1

D. General Principles from Calcutta High Court and Supreme Court Judgments

Judicial pronouncements from the Calcutta High Court and the Supreme Court of India have established several guiding principles in cases involving building violations and demolition.

1. Emphasis on Due Process, Fair Hearing, and Rule of Law

Both the Calcutta High Court and the Supreme Court consistently emphasize the paramount importance of due process and procedural fairness. Demolition orders must be preceded by a reasonable opportunity for the affected party to be heard.1 The Supreme Court has condemned the practice of demolishing homes without due process, even directing compensation for aggrieved homeowners in certain cases, reinforcing that punitive demolitions undermine the rule of law and fundamental rights.17

2. Discretion of Authorities vs. Judicial Intervention

The Municipal Commissioner possesses discretion in deciding whether to order demolition or regularization. This discretion, however, must be exercised quasi-judicially and rationally, by giving parties an opportunity to show cause.1 Courts generally do not substitute their own view for the authority’s discretion if it is neither arbitrary nor based on irrelevant facts.1 However, judicial intervention is warranted if there is a clear failure of public duty or arbitrary action.1

3. Non-Regularization of Deliberate/Reckless Violations

A strong principle upheld by the courts is that “equity does not favor a person making unauthorized construction”.1 Compounding or regularizing unauthorized construction is permissible only in cases of marginal or insignificant accidental violations, not when violations are deliberate, designed, reckless, or motivated.1 Regularization is considered a rare exception, not a rule.1 If constructions are in absolute violation of sanctioned plans, demolition is the necessary consequence, and courts will not approve such illegal activities.1

4. Rights of Adjoining Owners and Public Interest Considerations

Building rules are enacted for public benefit. An adjoining owner has a right to object to a sanctioned plan if it violates rules regarding permissible area or open spaces, as such violations necessarily affect their rights. They are entitled to an opportunity of being heard in such cases.1 However, an adjoining owner cannot approach the court merely because a defendant is constructing in violation of a plan or rules, unless the action amounts to an actionable nuisance.1 The courts prioritize public interest, including planned development and the prevention of hazardous structures, over individual claims of equity arising from unauthorized construction.1

5. Remedies for Bona Fide Purchasers of Unauthorized Constructions

A significant implication for the real estate market is the judicial stance on purchasers of illegally constructed flats. Courts have consistently held that flat purchasers who knowingly or unknowingly occupy illegally constructed flats have no locus standi to complain against demolition orders and cannot seek regularization. Their only available remedy is to sue the developer/seller for a refund of money and/or damages.1 This principle serves as a deterrent against illegal construction by shifting the financial risk to those who benefit from or participate in such activities, and underscores the need for greater due diligence from buyers.

6. Police Assistance

Police authorities have a statutory obligation to render assistance to the Corporation in implementing demolition orders.1 This ensures that municipal enforcement actions are not hindered by resistance.

E. Strategies for Fighting Demolition Cases

Fighting a demolition order requires a multi-pronged legal strategy, leveraging both statutory remedies and constitutional safeguards.

1. Exhaustion of Statutory Remedies: The first and most crucial step is to prefer an appeal to the Municipal Building Tribunal within the stipulated 30-day period.1 This is the primary forum for challenging the Municipal Commissioner’s order on factual and legal grounds. Seeking a stay order from the Tribunal, especially by furnishing surety if the construction is incomplete, is a vital interim measure.1

2. Challenging Procedural Lapses: A strong defense can be built on the violation of natural justice principles. If the demolition order was issued without proper notice or without affording a reasonable opportunity to show cause, it can be challenged as illegal.1 The notice itself must contain specific particulars of the offending construction.1

3. Demonstrating Minor Deviation/Regularization Potential: If the deviation from the sanctioned plan is minor or accidental, an argument for regularization under Section 400(1) can be made. This requires showing that the infraction is trivial and does not affect adjoining premises or public safety.1

4. Proving Fraud/Misrepresentation in Sanction: If the sanction itself was obtained through material misrepresentation or fraud, and subsequently cancelled under Section 397, challenging the cancellation order would involve demonstrating the absence of such misrepresentation or fraud.1

5. Asserting Rights of Adjoining Owners: For adjoining owners, the strategy involves demonstrating how the unauthorized construction infringes upon their legal rights (e.g., light, air, actionable nuisance) and that the sanction, if any, was not in accordance with the statute and rules.1

6. Invoking Writ Jurisdiction (Article 226): While generally a last resort after exhausting statutory remedies, a writ petition can be filed in the High Court if the Municipal Commissioner’s action is arbitrary, mala fide, or constitutes a failure of public duty on extraneous considerations.1 This includes situations where the authority is colluding with illegal builders.26

7. Documentary Evidence and Technical Reports: Comprehensive documentation, including sanctioned plans, ownership documents, and expert reports (e.g., structural stability certificates for regularization, or reports on the dangerous condition of a building under Section 411), are critical for substantiating claims and defenses.3

8. Addressing Specific Prohibitions: If the construction falls under specific prohibitions (e.g., “no construction zones,” inflammable materials, excavation affecting utilities), the defense must address how these prohibitions are not applicable or how compliance has been achieved.1

9. Contesting “Dangerous Building” Orders (Section 411): For orders under Section 411, the defense would involve demonstrating that the building is not in a ruinous or dangerous state, or that the Municipal Commissioner’s assessment under Section 411(4) was not based on a proper report from the Chief Municipal Architect and Town Planner or was otherwise arbitrary.1

V. Special Legal Provisions for Tika Tenancy Properties

Properties under the Thika Tenancy regime in Kolkata present a unique legal landscape, subject to the provisions of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, in addition to the KMC Building Rules. This dual regulatory layer adds complexity to construction and demolition processes.

A. Understanding Thika Tenancy in Kolkata

Thika tenancy is a specific form of land tenure prevalent in Kolkata and Howrah, where vacant land is leased by a landlord to a tenant with the explicit liberty to erect temporary structures (“Kutcha Structures”) upon it. These structures are owned by the tenant, who also has the right to sub-lease portions to sub-tenants (Bharatias).27 The Thika Tenancy Act was enacted to protect these tenants against arbitrary eviction and rent enhancement, and for the equitable utilization and development of such lands.28 The definition of a “Thika tenant” includes any person occupying land under another, liable to pay rent, and who has erected or acquired a structure on such land for residential, manufacturing, or business purposes.27

B. Requirement of Thika Controller Permission for Construction

A critical aspect for construction on Thika tenanted property is the mandatory requirement of permission from the Thika Controller. Even if a building plan receives sanction from the KMC, any erection, addition, or alteration of a structure on Thika tenanted land necessitates prior permission from the Thika Controller.1 This applies whether the tenant intends to construct “pucca structures” (permanent structures) or change the nature, character, and dimension of an existing structure.27 The Thika Controller’s role is to ensure that such construction aligns with the provisions of the Thika Tenancy Act, which governs the rights and liabilities of Thika tenants and their landlords.28

C. Interplay of KMC Building Rules with Thika Tenancy Act Provisions

The legal framework for construction on Thika tenancy properties involves a complex interplay between the KMC Building Rules and the West Bengal Thika Tenancy (Acquisition and Regulation) Act. This creates a dual regulatory layer, meaning compliance with both statutes is essential.

Historically, tenants on Thika land faced restrictions on constructing or developing permanent houses.30 However, amendments, such as those in 2019, allowed Thika tenants to undertake constructions up to five storeys, either through self-funding or bank loans. More recently, the West Bengal Thika Tenancy (Acquisition and Regulation) Act was amended to enable the Kolkata Metropolitan Development Authority (KMDA) to construct multi-storied buildings on Thika plots, with the aim of developing these historically undeveloped lands.30 This policy shift, along with the relaxation of mandatory open space requirements for small Thika plots (as discussed in Section II.H.1), signifies a pragmatic approach by the state to facilitate urban development and regularization in these areas, acknowledging the practical difficulties faced by small plot owners.5

Despite these relaxations and development initiatives, the requirement for the Thika Controller’s permission remains paramount. A KMC sanction for construction on Thika land, if obtained without the requisite permission from the Thika Controller, could be rendered voidable, leading to significant legal complications and potential demolition. Therefore, any construction project on Thika tenancy property must meticulously navigate both sets of regulations to ensure legal validity and avoid future enforcement actions.

VI. Conclusion: Upholding Urban Planning and Legal Compliance

The demolition process under the Kolkata Municipal Corporation Act, 1980, is a critical component of urban governance in Kolkata, designed to ensure planned development, public safety, and adherence to established building norms. The KMC Act, through its expansive definitions and stringent sanction procedures, aims to maintain comprehensive control over all construction and alteration activities. The evolution of the regulatory framework, including the expanded role of the Municipal Building Committee and the shift to online application systems, reflects a strategic adaptation by the KMC to enhance transparency and efficiency while simultaneously combating the persistent challenge of unauthorized construction. The explicit removal of “deemed sanction” from earlier legislation underscores a legislative commitment to requiring express approvals, thereby closing potential loopholes.

The enforcement mechanisms, particularly under Sections 400 and 411, grant the Municipal Commissioner and Mayor-in-Council significant powers to order demolition or alteration of non-compliant or dangerous structures. While these powers are robust, they are tempered by fundamental principles of natural justice, mandating prior notice and an opportunity for affected parties to show cause. The judiciary, including the Calcutta High Court and the Supreme Court, consistently upholds these due process requirements, emphasizing the rule of law over arbitrary “bulldozer justice.” However, courts generally do not extend equitable relief to deliberate violators, reinforcing that regularization is an exception for minor, unintentional deviations, not a rule for reckless non-compliance. The recent KMC directive for “comprehensive” demolition further illustrates a proactive stance to ensure the effectiveness of enforcement actions.

The unique legal landscape of Thika tenancy properties in Kolkata introduces an additional layer of regulatory complexity. Construction on such lands requires not only KMC sanction but also prior permission from the Thika Controller, highlighting a dual regulatory framework. While recent legislative amendments aim to facilitate development and regularization in these areas, strict adherence to both the KMC Act and the Thika Tenancy Act remains crucial to avoid legal challenges and potential demolition.

Ultimately, the integrity of Kolkata’s urban fabric and the safety of its inhabitants depend on rigorous adherence to these building regulations. For all stakeholders, from developers and property owners to legal practitioners, a thorough understanding of the KMC Act, its associated rules, judicial pronouncements, and specific provisions for properties like Thika tenancies is indispensable for navigating the complex legal terrain of construction and demolition in the city.

Resources: KMC BUILDING LAW.PDF

Works cited

1. KMC BUILDING PROCESS.docx

2. Kmc building rules, accessed on July 14, 2025, https://cdn.prod.website-files.com/6724eab9c3a3cbbdd8e80cdc/67c556992ede70e44a193709_pugarovamawidejekabuzak.pdf

3. KMC Building Rules for Safe & Legal Construction | West Bengal Municipal Building Rules, accessed on July 14, 2025, https://www.magicbricks.com/blog/kmc-building-rules/131339.html

4. KMC regulations for residential buildings in 2024 – Housing, accessed on July 14, 2025, https://housing.com/news/kolkata-municipal-corporation-kmc-rules-for-residential-buildings-in-2024/

5. KMC boost to buildings on ‘small’ plots hoping to avoid further illegal constructions, accessed on July 14, 2025, https://www.telegraphindia.com/west-bengal/kolkata/kolkata-municipal-corporation-boost-to-buildings-on-small-plots-hoping-to-avoid-illegal-constructions-prnt/cid/2087709

6. Kolkata: KMC plans to relax building rules for small plot owners to encourage legal construction – Prop News Time, accessed on July 14, 2025, https://propnewstime.com/getdetailsStories/MTQ3MDQ=/kolkata-kmc-plans-to-relax-building-rules-for-small-plot-owners-to-encourage-legal-construction

7. Height of high-rises restricted: KMC told not to permit new buildings over 25.5m, accessed on July 14, 2025, https://www.telegraphindia.com/west-bengal/kolkata/height-of-high-rises-restricted-kmc-told-not-to-permit-new-buildings-over-25-5m-prnt/cid/2108954

8. Minimum Design Standards for New Construction, Adaptive Reuse, and Rehabilitation Multifamily Housing Units – Kentucky Housing Corporation, accessed on July 14, 2025, https://www.kyhousing.org/Partners/Developers/Multifamily/Documents/2020_Minimum%20Design%20Standards%20for%20Multifamily%20Housing.pdf

9. Building bye laws kathmandu municipality, accessed on July 14, 2025, https://cdn.prod.website-files.com/66f3da262424d90210c1ba8c/673203c6c9a45c79ba2d4641_futigufagugusijedomof.pdf

10. Understanding KMC Building Rules: A Comprehensive Guide – The Homestore, accessed on July 14, 2025, https://thehomestore.in/stories/understanding-kmc-building-rules-a-comprehensive-guide/

11. Kmc building construction rules, accessed on July 14, 2025, https://irp.cdn-website.com/4683bcc6/files/uploaded/jegubuxefe.pdf

12. KMC Building Rules Ensuring Safe and Structurally Sound Residential Buildings – Property Lawyer in Kolkata – Advocate Chenoy Ceil, accessed on July 14, 2025, https://advocatechenoyceil.com/2024/09/21/kmc-building-rules-ensuring-safe-and-structurally-sound-residential-buildings/

13. Illegal Construction Kolkata – New Penalties By KMDA – A.R Realtors, accessed on July 14, 2025, https://ar-realtors.com/illegal-construction-kolkata/

14. Section 400 in Kolkata Municipal Corporation Act, 1980 – Indian Kanoon, accessed on July 14, 2025, https://indiankanoon.org/doc/118031928/

15. Section 400 in The Calcutta Municipal Corporation Act, 1980 – Indian Kanoon, accessed on July 14, 2025, https://indiankanoon.org/doc/199367059/

16. Jai Bhim Nagar demolitions and the doctrine of unconstitutional state of affairs – The Leaflet, accessed on July 14, 2025, https://theleaflet.in/due-process/jai-bhim-nagar-demolitions-and-the-doctrine-of-unconstitutional-state-of-affairs

17. When Bulldozer Justice Breeds Injustice: Indian Supreme Court Curtails Arbitrary Demolitions | OHRH – Oxford Human Rights Hub, accessed on July 14, 2025, https://ohrh.law.ox.ac.uk/when-bulldozer-justice-breeds-injustice-indian-supreme-court-curtails-arbitrary-demolitions/

18. Kolkata Municipal Corporation (KMC) | Demolition must make structure unliveable, target rebuilding efforts, KMC says in a notification – Telegraph India, accessed on July 14, 2025, https://www.telegraphindia.com/west-bengal/kolkata/demolition-must-make-structure-unliveable-target-rebuilding-efforts-kmc-says-in-a-notification-prnt/cid/2093128

19. Section 411 in Kolkata Municipal Corporation Act, 1980 – Indian Kanoon, accessed on July 14, 2025, https://indiankanoon.org/doc/160636808/

20. Section 411(1) in Kolkata Municipal Corporation Act, 1980 – Indian Kanoon, accessed on July 14, 2025, https://indiankanoon.org/doc/167385535/

21. SC tells state to form ‘Municipal Tribunal’ within two weeks – Millennium Post, accessed on July 14, 2025, https://www.millenniumpost.in/bengal/sc-tells-state-to-form-municipaltribunal-within-two-weeks-580563

22. Are you helping illegal constructions, HC asks civic body | Kolkata News – Times of India, accessed on July 14, 2025, https://timesofindia.indiatimes.com/city/kolkata/are-you-helping-illegal-constructions-hc-asks-civic-body/articleshow/121810866.cms

23. Calcutta High Court rebukes KMC Over La Martiniere School Building Collapse Inspection, accessed on July 14, 2025, https://www.scconline.com/blog/post/2025/06/07/calcutta-high-court-la-martiniere-building-collapse-kmc-inspection-legal-news/

24. Restoring Constitutionalism? The Indian Supreme Court and Illegal Demolitions, accessed on July 14, 2025, https://blog-iacl-aidc.org/2025-posts/2025/3/20/restoring-constitutionalism-the-indian-supreme-court-and-illegal-demolitions

25. HC orders KMC to demolish illegal structures at 8 addresses by Feb 28 | Kolkata News, accessed on July 14, 2025, https://timesofindia.indiatimes.com/city/kolkata/hc-orders-kmc-to-demolish-illegal-structures-at-8-addresses-by-feb-28/articleshow/116924507.cms

26. Sabuddin & Ors vs The State Of West Bengal & Ors on 20 March, 2025 – Indian Kanoon, accessed on July 14, 2025, https://indiankanoon.org/doc/138201707/

27. Law of Thika Tenancy – Advocatetanmoy Law Library, accessed on July 14, 2025, https://advocatetanmoy.com/law-of-thika-tenancy/

28. Calcutta Thika Tenancy Act 1949 – CourtKutchehry, accessed on July 14, 2025, https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?s_acts=Calcutta%20Thika%20Tenancy%20Act%201949

29. Calcutta Thika Tenancy (Acquisition and Regulation) Rules, 1982 – Indian Kanoon, accessed on July 14, 2025, https://indiankanoon.org/doc/116953923/

30. Kolkata Metropolitan Development Authority (KMDA) to Construct High-Rises on Thika Tenancy Plots – Times of India, accessed on July 14, 2025, https://timesofindia.indiatimes.com/city/kolkata/kolkata-metropolitan-development-authority-kmda-to-construct-high-rises-on-thika-tenancy-plots/articleshow/107788577.cms