Calcutta HC Orders CBI Preliminary Enquiry Into 42 Ownerless Unauthorised Buildings in Kolkata, Flags National Security Concern
The Calcutta High Court directed the CBI to investigate 42 allegedly ownerless unauthorised multi-storied buildings in Kolkata, citing unexplained crore-rupee investments and potential threats to national security.
A Division Bench of the High Court at Calcutta, led by Chief Justice Ravindra Vithalrao Ghuge and Justice Tapabrata Chakraborty, on 11 September 2026 directed the Central Bureau of Investigation to carry out a preliminary enquiry into 42 multi-storied buildings in Kolkata that the Kolkata Municipal Corporation itself has characterised as completely unauthorised. The court acted on the petitioner's submission that these structures have no identifiable owners, no traceable money trail, and that investments running into thousands of crores of rupees may compromise national security. Separately, the court directed the Commissioner of the KMC to file a time-bound demolition roadmap by 14 October 2026, the date on which the matter is next listed.
The Unauthorised Structures at the Centre of the Writ Petition
The writ petition, filed by Sukhendu Banerjee and numbered WPO(P)/8/2025, is being heard alongside WPO(P) no. 1 of 2024, which concerns overlapping structures. The KMC's own advocate submitted, on instructions and on the basis of records, that several of the offending structures identified in this petition overlap with structures in the companion writ. The corporation acknowledged having identified the unauthorised structures and stated that demolition steps would be initiated, with police assistance to prevent any law and order situation.
The Annexure to a report filed by the KMC Commissioner dated 20 January 2026 lists several buildings as totally unauthorised. It is this report that the court has now directed the Commissioner to build upon when preparing the demolition roadmap.
The Petitioner's National Security Argument
Senior Counsel for the petitioner pressed a concern that went beyond ordinary building violations. His submission was that 42 buildings, several of them multi-storied, have no identifiable owners — no person with any right, title or interest in the properties has been identified from the records. More critically, he contended that there is no information on the money trail: the investments made for construction, the payments made to developers, contractors and promoters, and payments received on account of sale of tenements within these buildings are all untraceable.
The KMC, on the basis of its own records, confirmed that it holds no information of any nature that can identify who made the investments in the construction of these buildings or who received payments from buyers of tenements. The petitioner's Senior Counsel put the aggregate investment in these structures at thousands of crores of rupees. He argued that unknown sellers, buyers whose identities have not been properly verified, and this scale of opaque investment together present a risk to national security. On that basis, he prayed for a direction to the CBI to investigate the financial transactions as well as the role of civic authorities, autonomous bodies and individuals responsible for the construction.
CBI's Own Report and the Court's Direction to Investigate
The bench had earlier, by order dated 27 February 2026, called for a report from the CBI. That report, signed by Sri S. Biswas, Deputy Superintendent of Police, CBI, ACB, Kolkata, was dated 2 June 2026 and placed before the court. The Additional Solicitor General of India drew the bench's attention to paragraph 7 of a subsequent CBI report dated 2 July 2026, in which the CBI stated that it would abide by any direction of the court to investigate the allegations raised by the petitioner.
Taking note of this, the bench directed the CBI to carry out a preliminary enquiry into the issues concerning the 42 buildings. The enquiry is to proceed on the basis of records available and by examining records of civic authorities, autonomous bodies, the State Government and police records, including whether any complaint or FIR has been lodged or registered in relation to these properties. The court made clear that the CBI would be at liberty to investigate in the manner it considers appropriate, given that it is a specialised investigation agency with its own methods. The court also directed the CBI to consider the detailed complaint lodged on behalf of the petitioner dated 21 November 2024, which appears as Annexure P/4 at page 91 of the writ petition.
KMC's Demolition Roadmap: What the Court Expects
On the administrative side, the court directed the Commissioner of the KMC to submit a roadmap before the bench. That roadmap must set out the buildings identified as completely unauthorised and referred to in the Commissioner's report of 20 January 2026. The court was emphatic that the roadmap must contain specific dates and timelines for demolition of each such building, with clear details of the steps to be taken against each property, the date on which demolition activity would commence, and the date by which demolition would be completed.
The court directed that the roadmap be “crystal clear” on these timelines and that it be filed under the signature of the Commissioner of the Corporation personally. It is to be tendered before the bench on 14 October 2026, and copies are to be shared with counsel for all parties.
Applications for Deletion Kept Pending
Some private respondents had filed applications seeking deletion from the proceedings. The bench declined to dispose of those applications at this stage. Given the directions issued to the CBI and the pending roadmap from the corporation, the court held it appropriate to keep the deletion applications pending until the CBI report and the KMC roadmap are received.
Interim Progress Report from CBI in Sealed Cover
The court requested the CBI to tender a preliminary report in a sealed cover before the next date, limited to apprising the bench of the progress made in the preliminary enquiry. The matter is posted in the urgent supplementary list on 14 October 2026.
Order
The Division Bench directed the CBI to carry out a preliminary enquiry into the 42 identified unauthorised buildings, their money trail, and the role of civic and other authorities in their construction. The Commissioner of the KMC is to file a signed demolition roadmap with specific dates and timelines by 14 October 2026. Applications for deletion by private respondents are kept pending. The CBI is to file a sealed cover interim progress report before 14 October 2026. The case stands over to 14 October 2026 in the urgent supplementary list.