Calcutta HC, in special Sunday sitting, stays demolition of 'illegal' construction in Kolkata

Kolkata, Aug 23 (AHN) The Calcutta High Court, in a special hearing on Sunday, issued an interim stay on the demolition of an "illegal" construction in south Kolkata's Tollygunge area.

A bench of Justice Raja Basu Chowdhury ordered that the demolition notice cannot be implemented for the next 30 days, and thus, the Kolkata Municipal Corporation (KMC) will not be able to carry out the demolition work there. During this period, the plaintiff can approach the law.

An allegation of 'illegal' construction at 51/1A and 51/1B, Satish Mukherjee Road in Tollygunge was made, and the KMC was quick to act against it. On Sunday, a bulldozer was brought to the area to demolish it, while a large number of police personnel were deployed there. However, residents quarrelled with the police.

Anita Das, a resident of the area, approached the High Court against the KMC's decision to demolish the structure and requested an urgent hearing by the court on Sunday, though it is a court holiday.

Acceding to the demand, a special bench was convened with the permission of the acting Chief Justice of the High Court, Tapabrata Chakraborty.

Anita Das claimed in the court that she has been living at that address for a long time.

The KMC had issued a show-cause notice regarding eviction and demolition, but it was challenged, and the matter is pending in the High Court. In the meantime, the KMC took the initiative to demolish the construction. The demolition work started at 11 a.m. on Sunday.

The High Court observed that the KMC should have given 30 days to the plaintiff to respond to the demolition notice.

It noted that a notice was issued for the demolition of the construction last week, and it was not right in the eyes of the law to demolish any construction after just three days without giving any opportunity to the victim.

Noting that it will not comment on whether the construction is 'illegal' or not, it said that a person should be given a legal opportunity to challenge the order. On Friday, the court dismissed the demolition notice given by the Executive Engineer on behalf of the KMC.