Supreme Court Overturns High Court Order: Aarsuday Projects’ Construction Declared Legal, Supreme Court Rules in Favor of Aarsuday Projects, Criticizes High Court’s Assumptions; Imposes Costs on PIL Petitioners
In a significant judgment, the Supreme Court of India has overturned the Calcutta High Court’s order that had directed the demolition of a building constructed by M/s Aarsuday Projects & Infrastructure (P) Ltd. The case, which revolved around alleged unauthorized construction on land purported to be “khoai,” has been a subject of intense legal scrutiny.
The Supreme Court bench comprising Justices Sandeep Mehta and Vikram Nath delivered the verdict, setting aside the High Court’s decision and allowing the appeals filed by Aarsuday Projects and the Sriniketan Santiniketan Development Authority (SSDA). The Supreme Court found that the High Court’s conclusions were based on assumptions without credible evidence, particularly regarding the nature of the land as “khoai.”
The apex court highlighted several key aspects in its judgment:
1. Private Ownership and Permissions: The land in question was privately owned and lawfully acquired by Aarsuday Projects. The construction had received necessary permissions from competent authorities, including a vetted building plan by the Zilla Parishad.
2. Lack of Evidence for “Khoai” Status: The Supreme Court noted the absence of contemporaneous evidence proving the land was “khoai.” Reports from the District Magistrate and West Bengal Pollution Control Board (WBPCB) did not conclusively establish the land’s status as “khoai.”
3. Procedural Irregularities: While procedural irregularities in permissions were noted, the Supreme Court deemed them curable and not sufficient to warrant demolition.
4. Selective Targeting in PIL: The court criticized the petitioners for selectively targeting Aarsuday’s construction while ignoring similar constructions in the vicinity, questioning the bona fides of the PIL.
The Supreme Court also expunged adverse remarks and directions against the SSDA and its officers made by the High Court. Furthermore, the court imposed costs of Rs. 1,00,000 on the petitioners for lack of bona fides, to be deposited with the West Bengal Legal Services Authority.
This judgment underscores the Supreme Court’s stance on ensuring that demolition, a drastic measure, is reserved for cases of blatant illegality, and it emphasizes the need for concrete evidence in public interest litigations.
Bottom Line:
Land use and permissions - Construction on private land designated for residential use under Land Use and Development Control Plan, 2002 cannot be declared illegal based on assumptions of its being 'khoai' land without credible evidence. Procedural irregularities in permissions do not automatically justify demolition.
Statutory provision(s): Land Use and Development Control Plan, 2002, West Bengal Town & Country (Planning and Development) Act, 1979, Environmental Impact Assessment Notification (Ministry of Environment and Forests, 2006)
The Supreme Court’s decision is expected to have significant implications for future cases involving land use and construction in eco-sensitive areas, reinforcing the importance of evidence-based judgments and fair application of the law.
