My Kolkata municipal corporation issued a demolition notice without hearing, is it valid under the state municipal act?

A demolition notice issued by the Kolkata municipal corporation without a hearing is invalid under West Bengal Premises Tenancy Act 1997, which governs the procedure for demolition of unauthorised constructions by municipal bodies in the state. The Act requires the corporation to issue a show-cause notice, give the owner a reasonable opportunity to be heard, and pass a reasoned order before demolishing any structure.

The Calcutta High Court has consistently held that demolition without notice violates natural justice and Article 14 of the Constitution, and the affected owner is entitled to restoration or compensation. You should immediately file a writ in the Calcutta High Court seeking a stay of the demolition and a direction to the corporation to follow the procedure under West Bengal Premises Tenancy Act 1997.

Keep the property documents, the approved plan, and the demolition notice, as the absence of a hearing and a reasoned order is the strongest ground for a stay.