Panchayat Act's Demolition Powers Cease Once Plot Falls Under Development Authority's Planning Area: Calcutta High Court

"The provision of Section 23 of the Act of 1973 was no longer applicable insofar as the construction was concerned... the provisions of Section 52 of the Act of 1979 shall be attracted." Calcutta High Court, in a significant ruling dated March 20, 2026, held that once a plot falls within the planning area of a Development Authority, the demolition powers of the Gram Panchayat under the West Bengal Panchayat Act, 1973, cease to apply.

A bench of Justice Suvra Ghosh observed that any alleged contravention of the Land Use and Development Control Plan (LUDCP) must be dealt with exclusively under the West Bengal Town and Country (Planning and Development) Act, 1979. The court noted that because the petitioner’s construction was governed by the LUDCP enforced by the Burdwan Development Authority (BDA), the Sub-Divisional Officer lacked the jurisdiction to order demolition under the Panchayat Act.

The petitioner, Goutam Ghosh, constructed a dwelling house on a leasehold plot within the BDA planning area after obtaining development permission and a sanctioned plan. Following a complaint by a private respondent alleging deviations from the plan, the Sub-Divisional Officer (SDO) eventually directed the removal and demolition of the unauthorized portion under Section 23(5) of the West Bengal Panchayat Act. The petitioner moved the High Court challenging these orders as arbitrary and without jurisdiction, asserting that the plot was governed by planning laws rather than general panchayat regulations.

The primary question before the court was whether a demolition order can be validly passed under the West Bengal Panchayat Act when the property is subject to the planning controls of the Burdwan Development Authority. The court was also called upon to determine whether the mandatory notice procedure under Section 53 of the 1979 Act must be followed before any demolition action is initiated for a violation of the Land Use and Development Control Plan.

The court observed that the petitioner had sought development permission from the BDA, which was granted subject to the condition that any construction in contravention of the LUDCP would be penalized under Section 52 of the West Bengal Town and Country (Planning and Development) Act, 1979. Justice Ghosh clarified that once a plot is within a planning area and such permission is granted, the regulatory authority shifts from the Gram Panchayat to the Development Authority. The bench emphasized that the construction was governed by the specific terms of the BDA, rendering the general provisions of Section 23 of the Panchayat Act inapplicable to the dispute. "Therefore the provision of Section 23 of the Act of 1973 was no longer applicable insofar as the construction was concerned."

The judgment highlighted the overriding authority of the 1979 Act as codified in Section 137, which mandates that the provisions of the Planning Act shall have effect notwithstanding anything inconsistent contained in any other law. The court reasoned that since the alleged contravention involved the LUDCP of the BDA, the authorities were bound to invoke the penal provisions of Section 52 of the 1979 Act rather than the Panchayat Act. The bench remarked that the statutory scheme ensures that development within designated planning areas is governed by a uniform code that supersedes general local body laws. "The provisions of this Act and the rules and regulations made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law."

Addressing the procedural lapses, the court found that the authorities failed to comply with the mandatory requirements of Section 53 of the 1979 Act before issuing demolition directions. The bench explained that Section 53 requires the Planning or Development Authority to serve a notice upon the owner, specifying the steps to be taken within one month to restore the land or secure compliance. Justice Ghosh noted that no such notice was served upon the petitioner by the concerned authority prior to dealing with the issue, which vitiated the subsequent orders. "In order to deal with the issue under the said provision of law, a notice under Section 53 of the Act is mandatory. No such notice has been served upon the petitioner by the concerned authority prior to dealing with the issue."

The court concluded that the orders passed by the Executive Officer and the Sub-Divisional Officer did not conform to the mandatory provisions of the 1979 Act and were therefore unsustainable. Consequently, the High Court set aside the impugned demolition orders and directed the Burdwan Development Authority to deal with the matter afresh. The bench ordered that any future action regarding the alleged unauthorized construction must strictly follow the procedure laid down in Sections 52 and 53 of the West Bengal Town and Country (Planning and Development) Act, 1979.

Date of Decision: 20 March 2026