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• The Calcutta High Court has stayed demolition action against several buildings in Tiljala and Kasba for 30 days and directed the Kolkata Municipal Corporation (KMC) to hear both owners and occupants before proceeding further.
• The order was passed in response to petitions filed by residents and occupants of multiple buildings facing demolition notices issued under Section 400(1) of the KMC Act.
• More than 150 occupants across around five properties challenged the notices, alleging that no individual hearing opportunity had been provided before demolition proceedings were initiated.
• The court directed maintenance of status quo during the interim period while allowing municipal authorities to remove portions considered structurally dangerous after consultation with residents.
• The matter forms part of a wider crackdown on alleged unauthorised constructions in Kolkata following recent safety concerns linked to illegal buildings in the Tiljala area.
The Calcutta High Court has granted interim relief to residents of several buildings in Tiljala and Kasba by staying demolition proceedings for 30 days and directing the Kolkata Municipal Corporation (KMC) to provide hearing opportunities to both property owners and occupants before taking further action. The order was passed by the vacation bench of Justice Shampa Dutt (Paul) while hearing a batch of petitions challenging demolition notices issued against allegedly unauthorised constructions. Advertisement
The petitions were filed by residents and occupants of around five buildings comprising more than 150 occupants. The petitioners challenged notices issued under Section 400(1) of the Kolkata Municipal Corporation Act, which empowers municipal authorities to order demolition of structures constructed without sanctioned plans or statutory approvals. According to the petitioners, the notices had merely been affixed to the buildings and were not formally served on individual residents or occupants who would be directly affected by the proposed demolition.
While directing maintenance of status quo for the next 30 days, the court held that demolition proceedings involving unauthorised constructions should not proceed without granting an opportunity of hearing to both occupants and property owners. The KMC commissioner was instructed to ensure that notices are served on all concerned parties and that hearings are conducted within the stipulated period.
The state government opposed the petitions and questioned their maintainability. Representing the state, Additional Advocate General Billwadal Bhattacharyya argued that the petitioners had not demonstrated that the buildings possessed valid municipal sanctions. The state also contended that individually serving notices on every occupant residing in large buildings would be impractical.
Senior advocate Bikash Ranjan Bhattacharyya, appearing for the petitioners, argued that several of the structures had existed for years and that residents should not face demolition without being given an opportunity to present their case. During the proceedings, questions were also raised regarding civic services provided to some of the buildings over the years, including water and electricity connections, despite allegations that the structures lacked sanctioned building plans.
The High Court allowed municipal authorities to remove portions of buildings deemed structurally unsafe, provided such action is undertaken in consultation with occupants. However, the broader question regarding the maintainability of the petitions and the legality of the structures has been left open for further consideration.
The demolition drive forms part of a larger enforcement exercise initiated by the KMC against alleged unauthorised constructions in parts of Kolkata, including Tiljala, Kasba and Beleghata. The civic body's action intensified following a fire at a leather manufacturing unit in Tiljala in the past month that resulted in fatalities and triggered scrutiny of illegal structures, building approvals and fire safety compliance in the area.
Municipal authorities have reportedly issued notices to several additional buildings and initiated demolition proceedings against multiple structures as part of the ongoing crackdown. The High Court’s latest order temporarily halts further demolition in the petitioned cases while ensuring that affected occupants are given an opportunity to participate in the hearing process before any final decision is taken.
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