The high court on Friday fined the city civic body Rs 1 lakh for demolishing a portion of a Hazra Road building on the basis of an “arbitrary and illegal” provision of the Calcutta Municipal Corporation Act.

“Section 400 (VIII) of the act empowers the city’s civic body to demolish any building without giving opportunity to the owner to clear his stand in regard to the civic authorities’ stand. The section is arbitrary, illegal and contrary to the provisions laid down in the Constitution of India,” Justice Tapen Sen said and set aside the section.

Rekha Ghosh, the lawyer who appeared on behalf of the owner of the Hazra Road building, Pradip Kumar Sanyal, said: “My client received a notice from the mayor on February 16 declaring the upper portion of the six-storeyed building unauthorised. On February 20, the civic authorities demolished the sixth-floor roof. The demolition was stopped after the court intervened.”

A special officer of the court had visited the spot and filed a report.

A senior official said the civic body would move an appeal against the order.