KOLKATA: The Calcutta High Court on Thursday ordered the demolition of three floors illegally constructed along a six-foot-wide lane at Watgunge. It directed the KMC to inspect other buildings that have been constructed in the neighbourhood.
A division bench of Chief Justice T S Sivagnanam and Justice Chaitali Chatterjee (Das) instructed the commissioner of police to direct the deputy commissioner of police (port division I) to deploy adequate police force for removing the 53 illegal occupants of the three floors of the building before the KMC undertakes the demolition work.
The court set a time frame to proceed with the work. Police will serve notice to the 53 occupants, asking them to vacate the three floors by April 30. If someone defies the notice and continues to stay after April 30, police shall evict them by May 10. The KMC will start the demolition work on June 19 and submit a report along with photographs to the court, which will hear the matter on that date.
The court did not listen to the plea of the private respondent seeking some relief for the 53 occupants.
“Assuming there is a fire, no vehicle, not even an ambulance, can enter the six-foot lane. Two or three two-wheelers can at best enter. The 53 occupants will be charred to death. What will happen to neighbours residing on thika land? They will be the first victims. Who are you putting in peril?” the chief justice said.
The bench also held that the owner of the building could not claim equity because the three floors were constructed without a plan.
The court took exception to the report filed by the executive engineer, KMC borough IX, to the court on Nov 7, 2024. “To say the least, the officer does not want to place full facts before the court. And we may be justified in accepting the averment by the petitioner that the officer is protecting the private respondent,” the chief justice observed.
The bench took note of the notice served by the administrative officer of the KMC (buildings) to the petitioner while the matter was before the high court. “This is a clear attempt to make the proceedings ineffective,” the chief justice said.
He also took notice of the FIR registered against the writ petitioner while the matter was pending hearing in HC. The petitioner submitted that the FIR was “false and illegal”.
While referring to the FIR, the Chief Justice said: “We prima facie feel that the FIR has been registered to silence the petitioner.”
