A bench comprising Justices Surya Kant and Ujjal Bhuyan criticized the West Bengal government for failing to implement its directive to establish a functional Municipal Building Tribunal for affected parties, cautioning that contempt action could follow.
NEW DELHI: The Supreme Court directed the West Bengal Government and the Kolkata Municipal Corporation to demolish any ‘illegal’ and ‘unauthorized structures‘ located on “enemy property” in the city.
According to the Enemy Property Act of 1968, enemy property refers to any asset owned, managed, or held by an enemy, enemy subject, or enemy firm.
A bench comprising Justices Surya Kant and Ujjal Bhuyan criticized the West Bengal government for failing to implement its directive to establish a functional Municipal Building Tribunal for affected parties, cautioning that contempt action could follow.
“In essence, the state of West Bengal, the Kolkata Municipal Corporation, the Custodian of Enemy Property for India, and all relevant authorities are instructed to ensure the immediate demolition of illegal and unauthorized structures in accordance with the high court’s ruling. A compliance report must be submitted to the division bench of the Chief Justice of the high court,”
stated Justice Kant while delivering the order in open court.
After the counsel for the Kolkata civic body explained that the demolition of illegal constructions was delayed due to necessary verifications, the bench remarked, “It seems there is collusion between the state and the municipal corporation.”
READ ALSO: What is Enemy Agents Ordinance? Application in Jammu & Kashmir Explained
Additional Solicitor General Aishwarya Bhati, representing the Custodian of Enemy Property for India, informed the court that they were not receiving any cooperation and had to enlist the Central Industrial Security Force (CISF) to vacate the building.
The Supreme Court was hearing a plea from the Custodian of Enemy Property for India, challenging the Calcutta High Court’s August 22, 2023 order, which had barred any coercive action against illegal constructions until a Municipal Building Tribunal was established.
The high court had issued its ruling in response to a plea contesting a December 30, 2022 order by the executive engineer of the Kolkata Municipal Corporation to demolish unauthorized structures on the enemy property, formerly owned by Pakistani nationals, located on Keshab Chandra Sen Street in Kolkata.
The court noted that the matter involved illegal construction at premises No. 170 on Keshab Chandra Sen Street, under the jurisdiction of the Kolkata Municipal Corporation. This property, classified as enemy property, is vested with the Custodian of Enemy Property in India.
The Supreme Court pointed out that on May 10, it had stayed the high court’s “no coercive action” order and issued clear instructions for the civic body and the Custodian to identify unauthorized constructions and proceed with demolition.
In its latest order, the bench recalled that on August 9, it had instructed the West Bengal government to establish the Municipal Building Tribunal within a week. However, Justice Surya Kant noted that while the chairperson of the tribunal had been appointed, the absence of judicial and technical members rendered the tribunal ineffective.
The bench expressed dissatisfaction with the state’s failure to fully comply with the August 9 order and granted West Bengal two more weeks to appoint the necessary judicial and technical members as per the Kolkata Municipal Corporation (KMC) Act, 1980.
A compliance report is to be submitted to the division bench of the Chief Justice of the Calcutta High Court. If the state fails to meet the deadline, the bench urged the high court to initiate contempt of court proceedings.
The Supreme Court modified the high court’s August 22, 2023 order and referred the case back to the high court, stating that continued involvement of the apex court could complicate matters.
The bench ruled that any party aggrieved by the delay in forming the tribunal or deprived of their right to file a statutory appeal could approach the high court for relief. It reiterated that there is no interim stay or order from the Supreme Court preventing the demolition and that directions from the high court remain binding.
Justice Kant further directed that after the required members are appointed, the Municipal Building Tribunal should prioritize hearing pending appeals regarding the demolition order issued by the municipal corporation’s executive engineer.
