M/s Aarsuday Projects & Infrastructure (P) Ltd. v. Jogen Chowdhury & Ors.

 Background

A PIL before the Calcutta High Court challenged a residential construction near Visva-Bharati University, alleging that it stood on ecologically sensitive “khoai” land and lacked competent permissions. The High Court ordered demolition, compensation, and action against officials. The developer, planning authority (SSDA), and flat purchasers appealed.

 

Issues Framed

1. Whether the High Court was justified in concluding that the subject plot was “khoai” land warranting demolition.
2. Whether the High Court correctly exercised PIL jurisdiction to order demolition based on the material on record.
3. Whether the regulatory approvals and land-use permissions rendered the construction illegal.
 

Court’s Reasoning

• Nature of the land: The Court held that there was no clear, specific, or contemporaneous scientific evidenceestablishing that the subject plot itself was “khoai” land. Reports relied upon by the High Court indicated “khoai” formations on adjacent land, not on the plot in question.
• Selective targeting: The Court noted that similarly situated constructions within the same tract were left unchallenged, undermining the bona fides of the PIL.
• PIL limits: Reiterating settled law, the Court stressed that PIL jurisdiction cannot be used to resolve disputed questions of fact on inferential reasoning or assumptions, especially where detailed evidence is required.
• Regulatory context: The plot was designated “residential” under the Land Use and Development Control Plan, 2002, and the material did not justify nullifying approvals or ordering demolition on speculative environmental grounds.
 

Decision 

• The High Court judgment dated 21–22 August 2013 was set aside.
• Appeals by the developer and SSDA were allowed; adverse remarks against SSDA officials were expunged.
• Appeals by flat purchasers were disposed of accordingly.
• Costs of ₹1,00,000 were imposed on the writ petitioners for lack of bona fides. 
 

Ratio

In the absence of clear and contemporaneous scientific evidence establishing that the subject plot is ecologically protected land, courts should not, in PIL jurisdiction, order demolition of construction on inferential or selective reasoning, particularly where similarly situated developments are left unchallenged.

 

Case Details

• Citation: 2026 INSC 93
• Decided on: 29 January 2026
• Case Title: M/s Aarsuday Projects & Infrastructure (P) Ltd. v. Jogen Chowdhury & Ors.
• Court: Supreme Court of India
• Bench: Vikram Nath J.; Sandeep Mehta J.

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