An unchallenged municipal finding of unauthorized construction warrants prompt demolition in accordance with law.

The two writ petitions concerned allegations of unauthorized construction before the concerned municipal authorities. In WPA 1315 of 2026, Manik Paul alleged that the private respondent had undertaken unauthorized construction in violation of municipal law and relied upon his representation dated 10 July 2026, which had not been considered.

In WPA 1064 of 2026, Fatik Barman alleged illegal construction at the instance of private respondent no. 5. A municipal communication dated 8 May 2026 recorded that construction had resumed despite earlier municipal directions and an earlier High Court order, and directed that the construction be stopped, warning of demolition proceedings.

The private respondent asserted that the construction was covered by a sanctioned building plan valid until 6 February 2028.

The private respondent relied on an earlier municipal decision dated 22 December 2025 which had found no illegal construction and stated that a legal notice had been issued challenging the subsequent municipal communication. The petitioner relied on further municipal communications, including one dated 8 June 2026, which allegedly confirmed the unauthorized construction.

Whether the petitioner in WPA 1315 of 2026 was entitled to a direction requiring the municipal authority to inspect the alleged construction and decide the petitioner’s representation in accordance with law.

Whether, in WPA 1064 of 2026, the Municipality’s communication dated 8 May 2026 sufficiently established unauthorized construction warranting immediate demolition and removal.

Whether consequential municipal and police assistance should be directed for removal of construction found to be unauthorized or illegal.

The Court applied the general principles governing municipal control over unauthorized construction under the prevailing municipal law, building rules and applicable statutory requirements.

Municipal authorities are required to examine allegations of unauthorized construction, provide affected parties with notice and an opportunity of hearing, and pass a reasoned order in accordance with law.

Where construction is found illegal or unauthorized, the competent municipal authority may take consequential statutory steps, including demolition or removal, subject to lawful procedure.

The Court also followed the principle that it would not determine disputed merits where the matter could appropriately be considered by the municipal authority, except where an existing, unchallenged municipal finding justified enforcement action.

In WPA 1315 of 2026, the Court did not decide whether the construction was in fact illegal, particularly because the private respondent claimed the benefit of a sanctioned building plan. Instead, it directed a fair administrative process: prior notice, physical inspection, preparation and supply of an inspection report, hearing of both sides, and a reasoned decision confined to the petitioner’s representation and writ case.

The Court preserved the parties’ right to rely on relevant documents and clarified that the order created no equity in favour of either side.

In WPA 1064 of 2026, the Court treated the Municipality’s later communication dated 8 May 2026 as the latest and operative municipal finding, recording unauthorized and illegal construction and directing cessation of the work.

Since that finding had not been challenged by the private respondent and the alleged construction had not been removed despite notice, the Court held that immediate municipal enforcement was warranted.

In WPA 1315 of 2026, the municipal authority was directed to conduct an inspection within two weeks, issue its report, hear the parties, and decide the petitioner’s representation dated 10 July 2026 by a reasoned order within the prescribed timelines. If the construction was found unauthorized, consequential removal action was to follow within two weeks of that decision.

In WPA 1064 of 2026, the Chairman of Cooch Behar Municipality was directed to demolish and remove the unauthorized construction on the basis of the municipal communication dated 8 May 2026 within one week of communication of the order, with necessary police assistance.