Buyers can’t regularise illegal construction merely because they invested in it: HC

Srishti Lakhotia

Kolkata: Calcutta High Court on Sunday upheld the demolition of the fourth floor of a building under Howrah Municipal Corporation, while observing that flat buyers cannot claim that unauthorized construction be regularized purely on the basis that they 'invested' on the unauthorized floor.

Owners of one flat on the top floor of the building moved the division bench of justices Debangsu Basak and Reetobroto Kumar Mitra, who took up the matter for urgent hearing on Sunday.

The division bench observed that the owners of the land were given notice by the Howrah Municipal Corporation. They undertook the exercise of evaluating whether the structure erected was authorised or not.

"There is no material before us to suggest even remotely that the top floor over which the appellants (flat owners) claim title is an authorized construction. Appellants cannot claim that the unauthorised construction of top floor be regularised purely on the basis that appellants made investment on the top floor," it was observed.

Their main point of contention was that they, being the owners of the flat on the unauthorized floor, were not given an opportunity of hearing by the corporation and no notice of demolition was issued to them.

"Every decision of the State need not be preceded by a hearing prior to such decision being taken. It is trite law that the person who is claiming violation of principles of natural justice must establish prejudice caused by such alleged violation," the division bench held.

A bench of Calcutta HC on April 9 directed the civic body to proceed with the demolition of the building, whose only G+3 was sanctioned and fourth floor was found to have no sanction.

Owners claimed that they purchased the top floor by a registered deed of sale on Nov 22, 2025.

The developer was directed to make necessary arrangements for alternative accommodation of the flat owners.