In Brief
A developer obtained valid permissions from local authorities and completed a residential building on privately owned, designated-residential land near Visva-Bharati University. A public interest petition challenged the construction, alleging it was on ecologically sensitive "khoai" land. The Calcutta High Court ordered demolition. The Supreme Court reversed this, holding that the High Court's finding of "khoai" land lacked clear, scientific evidence; the developer obtained sequential approvals in good faith from competent authorities; and demolition was a disproportionate remedy absent statutory violation or fraud. The Court emphasized that property deprivation requires robust evidence and statutory foundation, rejected selective PIL targeting, and imposed costs on the petitioners for non-disclosure of material facts about their own nearby properties.
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