The Calcutta High Court has rejected a petition by tenants contesting the demolition of an unauthorised property in Kolkata, declaring that buildings erected without official sanction present a severe threat to public safety.
Justice Dinesh Kumar Sharma dismissed the tenants’ challenge on June 24, finding no illegality in a prior ruling by the Municipal Building Tribunal. The court affirmed that unauthorised constructions must be handled with a firm hand to prevent potential structural collapses and loss of life.
The legal dispute centered on a demolition order issued by the Kolkata Municipal Corporation (KMC) for a structure located at 11C, Ballygunge Station Road. Sumita Mondal and other occupants of the premises had petitioned the court to overturn the tribunal’s decision.
Legal Dispute Over Building Definition
Representing the petitioners, advocates Sounak Bhattacharya, Sounak Mandal, and Bipasha Bhattacharyya argued that the demolition directive was invalid. They asserted that the disputed structure did not fall under the legal definition of a building as specified in Section 2, sub-section (5) of the Kolkata Municipal Corporation Act, 1980. The defense also highlighted perceived contradictions in KMC’s records regarding the age and duration of the structure.
Kolkata Municipal Corporation Outlines Enforcement Steps
KMC representatives Subhrangsu Panda and Ina Bhattacharyya countered that the corporation’s building department had thoroughly inspected the property and reviewed its records. Their findings indicated that several individuals had been occupying the site since 1984.
Following complaints, the KMC initiated legal proceedings under Section 400 of the Kolkata Municipal Corporation Act, 1980. The municipal body maintained that the demolition order was legally sound and issued only after reviewing arguments from all involved parties.
In its final ruling, the court clarified the limits of its revisional jurisdiction, noting that it can only intervene when an order contains clear illegality or perversity. Because the Ballygunge structure lacked any approved construction plans, the court upheld the tribunal’s findings and dismissed the petition.
