Statutory Appeal Must be Exhausted Before Invoking Article 226 Against Demolition Order: Calcutta High Court

The Calcutta High Court held that a demolition order issued by a municipal authority cannot be directly challenged under Article 226 when an effective statutory appellate remedy is available.

The case arose from a writ petition filed by a property owner challenging a demolition direction issued by the Executive Engineer (Planning) after a hearing conducted pursuant to earlier High Court directions.

The Court found that the authority had considered the petitioner’s submissions, identified deviations from the sanctioned plan, and passed a reasoned order. 

The Court dismissed the petition while granting liberty to pursue the appellate remedy.

[Smti. Kishori Bala Das v. The Andaman and Nicobar Administration & Ors.]