Supreme Court directs WB, Kolkata civic body to ensure demolition of illegal construction at enemy property

New Delhi: The Supreme Court has directed the West Bengal government and the Kolkata Municipal Corporation to ensure that illegal and unauthorised constructions at an "enemy property" in the city are immediately demolished.

Under the Enemy Property Act of 1968, an enemy property is defined as any property owned, held or managed by an enemy, enemy subject or enemy firm.

A bench of Justices Surya Kant and Ujjal Bhuyan pulled up the West Bengal government for not complying with its order of appointing a functional Municipal Building Tribunal for the aggrieved parties as it warned of contempt action.

"In other words, the state of West Bengal, the Kolkata Municipal Corporation, the Custodian of Enemy Property for India and all other concerned authorities are directed to ensure that illegal and unauthorised constructions are immediately demolished as per the high court's direction and compliance report is submitted to the division bench of Chief Justice of the high court," Justice Kant said while dictating the order in an open court.

After the counsel for the civic body said that demolition of illegal construction at the site is taking time as they need to do verification, the bench observed, "It appears that the state and municipal corporation are colluding." Additional Solicitor General Aishwarya Bhati, appearing for the Custodian of Enemy Property for India, submitted that they were not getting any cooperation and had to take the help of Central Industrial Security Force (CISF) to get the building vacated.

The top court passed the order while hearing a plea of the Custodian of Enemy Property for India challenging the Calcutta High Court's order dated August 22, 2023 by which it had directed that no coercive action be taken against the illegal construction till a Municipal Building Tribunal has been constituted.

The high court had passed the direction on a plea against the December 30, 2022 order passed by the executive engineer of the Kolkata Municipal Corporation for demolition of illegal construction at the said enemy property, which earlier belonged to Pakistan nationals, situated on the city's Keshab Chandra Sen street.

It had noted that the matter relates to unauthorised construction at premises No. 170 at Keshab Chandra Sen street falling under the jurisdiction of the Kolkata Municipal Corporation. The property in question is an enemy property, vested with the Custodian, Enemy Property in India.

The apex court noted that it had stayed the "no coercive step" direction on May 10 and given a "clear direction" to the civic body as well as the Custodian of Enemy Property for India to proceed with the matter of identification of unauthorised constructions and their consequential demolition.

In its order dictated on Tuesday, the bench said it had on August 9 directed the West Bengal government to constitute the municipal building tribunal within a week.

Justice Surya Kant said that in purported compliance of the August 9 order, the West Bengal government has only appointed the chairperson of the tribunal. "However, we are informed that in the absence of judicial or technical members, the tribunal is virtually defunct," the bench said.

It said, "We are satisfied that the state has failed to comply with our order dated August 9, 2024 in 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 KMC Act and submit a compliance report before the division bench of the Chief Justice of the Calcutta High Court, failing which we request the high court to initiate contempt of court proceedings without any further delay." While modifying the August 22, 2023 order of the high court, the bench relegated the matter to the high court, saying that the apex court entertaining the matter further would unnecessarily create problems.

"The parties, who are aggrieved of the inordinate delay in constitution of the (municipal building) tribunal and who have been deprived of their right to file statutory appeal, are relegated to the high court for appropriate relief. In any case, time bound directions for the constitution of a functional tribunal have already been issued. Their grievance to that extent stands redressed," it said.

It added in case any party is aggrieved by any action, they can approach the high court.

"It is clarified that there is no interim stay order/or direction by this court 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," the bench directed.

Justice Kant said after the appointment of the requisite members, the municipal building tribunal shall take up the pending appeals arising from the order of demolition issued by the executive engineer of the municipal corporation on priority.