Flat buyers cannot seek regularisation of illegal construction merely due to financial investment.

Investment Can’t Legalise Illegality: Calcutta HC Upholds Demolition of Unauthorised Floor.

The Calcutta High Court has upheld the demolition of the fourth floor of a building under the jurisdiction of the Howrah Municipal Corporation, ruling that buyers cannot demand regularisation of unauthorised construction simply because they invested in it. A division bench comprising Justices Debangsu Basak and Reetobroto Kumar Mitra observed that there was no evidence to show the top floor was ever sanctioned. The court noted that the building had approval only up to G+3, and the fourth floor was constructed without permission. The flat owners argued that they were not given a hearing or a demolition notice. However, the court held that not every administrative decision requires a prior hearing, and the appellants failed to show any prejudice caused by the alleged violation of natural justice. The ruling reinforces that ownership claims cannot override planning laws or validate illegal construction.