High Court questions notice and due process
The Calcutta High Court intervened in the demolition drive at Srirampur village after raising questions about whether Jahangir Khan, the recorded owner of the property, had been properly informed of the administrative proceedings.
During Friday’s hearing, Justice Subhra Ghosh asked the state government to explain how the administration had established that the house belonged to Khan and whether a formal demolition notice had been served.
"How did you know that the house belonged to Jahangir? He is in jail. Where is the notice?" the judge asked, seeking a copy of the notice that the authorities claimed had been issued to the property owner.
The court subsequently directed the administration to suspend the demolition until November 16. The case is scheduled to return to the bench on that date.
Khan’s lawyer alleges lack of proper notification
Senior advocate Kishore Dutta, representing Jahangir Khan, argued that his client had neither received the demolition order nor been adequately informed about the proceedings concerning the property.
Dutta pointed out that Khan was in judicial custody and therefore could not personally attend administrative hearings. He questioned how the authorities could proceed with the demolition without ensuring that the owner had been properly notified and given an opportunity to present his position.
The lawyer also disputed the validity of the notice cited by the administration, stating that it did not carry a signature.
Dutta's submissions centred on whether the authorities had fulfilled the necessary procedural requirements before initiating the demolition.
State government maintains that procedure was followed
Representing the state government, Advocate General Surjit Mitra defended the administration's actions and maintained that the required procedure had been followed.
Mitra told the court that two local residents had identified the property as belonging to Jahangir Khan. He also submitted that a written notice had been sent to Khan by post.
According to the Advocate General, the administration had videographed the demolition-related proceedings, including the pasting of the notice on the property.
"Jahangir knew everything," Mitra told the court, disputing the allegation that Khan had remained unaware of the administrative action.
The opposing submissions prompted the court to seek documentary clarification regarding the notice and the steps taken before the demolition began.
Demolition began over alleged government land encroachment
The administration launched the demolition drive on Wednesday at Khan's multi-storeyed residence in Srirampur village, Falta.
The action followed allegations that the building had been constructed on encroached government land and in violation of building regulations, including restrictions on the permissible height of structures.
There were also complaints alleging that adjoining plots had been forcibly occupied to facilitate the construction.
The district administration initiated an inquiry after receiving a complaint from local BJP leader Bidhan Parui, who alleged that the property was unauthorised.
On November 2, the executive officer of the South 24-Parganas Zilla Parishad issued an order directing the recorded owner to demolish the building within seven days.
The allegations concerning land encroachment, building permissions and the occupation of adjoining plots form the basis of the administrative action. The High Court's intervention, however, has brought the legality of the procedure followed by the authorities under scrutiny.
Administration claims seven notices were issued
Administrative sources claimed that the authorities had issued seven notices asking Khan to attend hearings relating to the property dispute.
According to these sources, neither Khan nor any representative appeared at the hearings. The administration has relied on these notices to support its position that the owner had been given opportunities to respond before the demolition began.
Khan's legal team has disputed whether the required notification was properly served, particularly because he is currently in judicial custody.
The court's decision to seek the relevant documents indicates that the question of proper notice and compliance with due process will be central to the next hearing.
Demolition halted after court order reaches administration
The demolition operation continued until Friday afternoon, when the High Court's directive was communicated to the South 24-Parganas district administration.
The authorities were then required to suspend further demolition work until November 16.
Jahangir Khan was once considered a close aide of Trinamool Congress MP Abhishek Banerjee. His residence had become the subject of an administrative action following complaints about alleged illegal construction and encroachment.
The High Court has not yet delivered a final ruling on the legality of the building or the allegations against its owner. The immediate issue before the court is whether the administration followed the prescribed procedure before beginning the demolition.
The matter will be taken up again on November 16, when the state government is expected to address the court's questions regarding the notices and administrative proceedings.
