The Calcutta High Court, in a significant development has issued a compelling call to action directed at Mayor Firhad Hakim, urging him to take decisive measures against the "erring officers" who had neglected their responsibilities for the past three years. This negligence pertained to their knowledge of the construction of a high-rise building on Canning Street, which was constructed illegally and subsequently utilized for commercial purposes.

Justice Amrita Sinha, presiding over the case, sternly emphasized, "If the officers responsible are not held accountable and appropriately penalized, the menace of illegal construction will continue unchecked. It is only a matter of time before the city becomes inundated with unauthorized constructions, potentially outnumbering the authorized ones."

The origins of this pressing issue can be traced back to a formal complaint that was submitted to Mayor Hakim during his weekly 'Talk to Mayor' program. This complaint prompted a thorough investigation, revealing that the fourth to seventh floors of the building, as well as a CI shed on the seventh floor, had been constructed without proper authorization. Alarmed by these findings, a mayor-in-council member meeting convened on August 28, unanimously concluding that the building posed an imminent danger and should be demolished immediately.

The reasoning behind this decision was that the structure's instability could lead to catastrophic collapses and loss of life. However, the owners of the building sought legal recourse and moved to the High Court, requesting the opportunity to present their case before any demolition took place.

During the legal proceedings led by Justice Sinha, it came to light that the illegal construction had been ongoing since 2020. On October 14, 2020, officials from the Kolkata Municipal Corporation (KMC) had conducted an inspection of the building. During this inspection, the officers identified the unauthorized construction and promptly filed a First Information Report (FIR) on October 15, 2020. Furthermore, the KMC officers had submitted a demolition plan to the local police. Despite these initial actions, there was a disturbing lack of follow-through, and the issue languished unresolved for three years, until it resurfaced due to the citizen's complaint during the 'Talk to Mayor' program.

Justice Sinha expressed her dismay at the situation, stating, "Even though unauthorized construction was noticed as far back as 2020, the KMC officials failed to take any substantive action. They allowed the responsible party to complete the entire unauthorized construction and, subsequently, permitted the creation of third-party interests, even allowing the property to be utilized for commercial purposes."

The High Court, while acknowledging that no rights should be conferred upon properties constructed illegally, emphasized the importance of upholding principles of natural justice. It was noted that passing any demolition order without affording the occupants an opportunity to present their case would be in direct contravention of these principles. As a result, the court ruled that the KMC should make a decision on the matter within eight weeks after providing a proper hearing to all concerned parties.

Justice Sinha concluded by admonishing the officials within the KMC's borough offices, emphasizing that they are duty-bound to act diligently, promptly, and with integrity. They must not succumb to the influence of unscrupulous builders who flout legal provisions and erect structures in blatant disregard of established regulations.

Furthermore, the High Court expressed its hope that the Kolkata Municipal Corporation would take proactive measures to safeguard the city from unscrupulous land developers and promoters who engage in construction activities without adhering to basic engineering standards and the relevant legal provisions. This court ruling serves as a stark reminder of the importance of upholding the rule of law and ensuring that urban development adheres to established guidelines and regulations, ultimately safeguarding the well-being of the city's residents.