Kishore Roy Acharjee Vs State of Tripura (Tripura High Court)
Summary: The Tripura High Court dismissed a writ petition brought by four purchasers of ground-floor units in “The Royal Peace Apartment” at Battala, Agartala. They alleged that the developer, respondent No. 5, constructed toilets on the northern and southern sides over drains and open space contrary to the approved building plan, and erected a brick-wall tin-shed guard room obstructing access. The petitioners said they bought units G-1 to G-4 in 2020 for commercial use; one petitioner closed his pathology laboratory and another could not open an eye clinic. They sought demolition, action against the developer, compensation and costs.
The petitioners relied on complaints and orders of the Agartala Municipal Corporation and Tripura Real Estate Regulatory Authority (T-RERA) directing removal. Their counsel said the municipal authorities had failed to enforce those orders. The developer disputed maintainability under Article 226, asserted that the units had been sold for residential use and the sale deeds identified the ground-floor toilets as common facilities, and said that other flat owners resisted demolition even when he attempted it with police assistance following T-RERA’s execution direction of 16 March 2026. The Municipal Corporation pointed to parallel proceedings before it and T-RERA and cited M/s Kabra and Associates v. Rekha Rajkumar Hemdev on election between concurrent remedies.
