Headline
The Supreme Court of India directed West Bengal to make the Municipal Building Tribunal within 2 Weeks.
Summary
The Supreme Court of India ordered the State of West Bengal to finish the formation of the Municipal Building Tribunal within 2 weeks, by warning that it will be taken as contempt of court proceedings if delayed. The case concerns demolition orders for unofficial constructions in Kolkata on enemy property.
Key Facts
- Case Name: Custodian of Enemy Property for India v. Md. Yakub @ Md. Yakub Ansari & Ors.
- Case Number: Special Leave to Appeal (C) No.11834/2024
- Judges Name: Justice Surya Kant and Justice Ujjal Bhuyan
- The Tribunal lacks in having judicial and technical members, rendering it defunct.
- Parties who are aggrieved and are unable to appeal due to tribunal delays are directed to the High Court of Calcutta.
Legal Insights
The Supreme Court of India stressed on compliance with the Kolkata Municipal Corporation Act, 1980, which mandates appeals to the Tribunal for unofficial and unauthorized constructions.
Impact
If the Tribunal is not constituted within 2 weeks as the order of the court, contempt proceedings may follow. The process of demolition will continue under the supervision of the High Court.
Why it Matters
This case shows the administrative delays affecting the statutory appeals, holding the State accountable for ensuring due process in demolition cases.
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