Calcutta HC awards 10 lakh as compensation for damages due to illegal construction

The Calcutta High Court has delivered a stern warning to illegal promoters by ordering ₹10 lakh in compensation for a family whose house was severely damaged by an adjacent unauthorized construction. The case traces back nearly three years to SC Ghosh Lane in Ward 15 of the Serampore Municipality, Hooghly. A private housing project was initiated by a local promoter, Santosh Chowdhury, which immediately caused deep cracks and structural instability in the neighboring residence of Devaprasad Basak. Despite the visible damage, Basak initially struggled to find help due to the promoter's local influence.

The legal journey began when Devaprasad Basak approached the High Court after the Serampore Municipality failed to take action. Initially, Justice Amrita Sinha had ordered the demolition of the illegal portions of the building. This order was later upheld by Justice Kausik Chanda. However, the construction firm challenged these rulings in multiple stages, including a plea before a Division Bench. Justice Debangsu Basak's Division Bench eventually dismissed their appeal and imposed an additional fine of ₹1 lakh for suppressing crucial information.

As the legal battle returned to Justice Kausik Chanda's court for a review petition, Basak's counsel, Ashis Kumar Chowdhury, argued for substantial compensation. He highlighted that the illegal construction activities had rendered his client's home unsafe for living. To determine the extent of the damage objectively, the court directed the Serampore Municipality to engage a neutral agency for a technical survey. The subsequent report confirmed the severe structural damage caused by the developer's negligence.