1 week ago
Calcutta High Court Stays Demolition of Kolkata Construction
A city agency wanted to demolish a building in Kolkata that it said was illegal.
The demolition began on a Sunday in the Tollygunge area.
Police were present, and some residents argued with them.
Anita Das, who lives at the address, asked the High Court for help.
The court held a special hearing even though it was a holiday.
It ordered that the demolition could not happen for 30 days.
The judges said she should have been given time to respond to the notice.
The court did not decide whether the building was truly illegal.
It only said that the resident must have a fair chance to challenge the order.
The Calcutta High Court halted demolition of an alleged illegal construction in Tollygunge for 30 days.
The Kolkata Municipal Corporation had begun demolition work on Sunday with police deployed at the site.
Resident Anita Das sought an urgent hearing, saying she had lived at the address for a long time.
The court said the resident should have been given 30 days to respond to the demolition notice.
The court did not rule on whether the construction was actually illegal, preserving the right to challenge the order.
- Who
- The Calcutta High Court, the Kolkata Municipal Corporation, and resident Anita Das were involved.
- What
- The court issued a 30-day interim stay on demolition of an alleged illegal construction.
- Where
- The construction is at 51/1A and 51/1B Satish Mukherjee Road in Tollygunge, south Kolkata.
- When
- The order was issued during a special Sunday hearing; demolition work had begun at 11 a.m. that day.
- Why
- The court said the resident should have received 30 days to respond and a legal opportunity to challenge the demolition order.
Resident's Legal Challenge
Municipal Demolition Action
Whether demolition could proceed
Resident's Legal Challenge
Anita Das challenged the Kolkata Municipal Corporation's decision and sought urgent court protection.
Municipal Demolition Action
The Kolkata Municipal Corporation brought a bulldozer and began demolition based on its action against the alleged illegal construction.
Notice and opportunity to respond
Resident's Legal Challenge
The resident's position was that the demolition should not proceed while the matter was being challenged in court.
Municipal Demolition Action
The court held that the municipal authority should have allowed 30 days to respond instead of acting after only three days.
Whether the construction was illegal
Resident's Legal Challenge
The court's order allowed the resident to pursue a legal challenge and did not accept the allegation as finally established.
Municipal Demolition Action
The construction was described as illegal in the municipal action, but the court expressly declined to decide its legality at this stage.
Key facts
- Court
- Calcutta High Court
- Judge
- Justice Raja Basu Chowdhury
- Stay period
- 30 days
- Municipal authority
- Kolkata Municipal Corporation
- Location
- 51/1A and 51/1B Satish Mukherjee Road, Tollygunge, south Kolkata
- Petitioner
- Anita Das
- Demolition start
- 11 a.m. on Sunday
Sources
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