1 week ago
Calcutta High Court Halts Planned Demolition in Tollygunge
Officials planned to demolish two connected buildings in Kolkata.
The buildings were described as being on Waqf property, and one person alleged that they were occupied illegally.
Residents said they were told to leave overnight and protested when bulldozers arrived.
Police, central forces and government workers were also sent to the area.
The residents’ lawyer said an earlier case about the demolition notice was still pending.
The State said it was carrying out a request from the city authorities.
The Calcutta High Court heard the matter urgently.
The judge stopped the demolition for 30 days.
The judge did not decide whether the buildings should eventually be demolished.
The Calcutta High Court temporarily stopped the planned demolition of premises 51/1A and 51/1B on Satish Mukherjee Road.
The demolition drive was scheduled for Sunday between 11 a.m. and 5 p.m. under Sections 544 and 546 of the Kolkata Municipal Corporation Act, 1980.
Bulldozers, police, central forces, civic officials and electricity personnel had reached the site before the court intervened.
Residents protested after saying they were asked to vacate overnight, while the petitioner challenged the notice during an earlier pending case.
Justice Raja Basu Chowdhury ordered a 30-day pause but said the court had not decided the merits of the demolition order.
- Who
- Residents, the petitioner and advocate Zohaib Rauf, Kolkata Municipal Corporation officials, the State administration and the Calcutta High Court were involved.
- What
- The court stayed a planned demolition and eviction drive involving premises 51/1A and 51/1B.
- Where
- Satish Mukherjee Road in Tollygunge, south Kolkata.
- When
- The drive was planned for Sunday from 11 a.m. to 5 p.m.; the court ordered a 30-day stay from the date of its order.
- Why
- The petitioner challenged the municipal action, saying the notice was pasted while an earlier petition was pending and that the affected parties learned of it only when it appeared on the premises.
Residents and Petitioner
Civic Authorities and State
Notice and timing
Residents and Petitioner
The petitioner said an earlier challenge to the municipal notice was still pending and that the demolition notice was learned of only after it was pasted on the premises. A resident said occupants were asked to vacate overnight.
Civic Authorities and State
The State said its administration was carrying out a requisition issued by the municipal authorities.
Status of the property
Residents and Petitioner
Residents opposed the immediate demolition and sought judicial protection from the eviction drive.
Civic Authorities and State
Kumar Saha described the site as Waqf property occupied illegally and said it had previously been a TMC party office, although his connection to the premises or any government agency could not be verified by the publication.
Court's decision
Residents and Petitioner
The petitioner received a temporary 30-day pause to pursue available legal remedies.
Civic Authorities and State
The court expressly stated that it had not examined the merits of the Special Officer's demolition order, leaving the appropriate authority free to consider it when legally tested.
Key facts
- Court
- Calcutta High Court
- Judge
- Justice Raja Basu Chowdhury
- Stay period
- 30 days
- Premises
- 51/1A and 51/1B, Satish Mukherjee Road
- Planned demolition
- Sunday, 11 a.m. to 5 p.m.
- Legal provisions cited
- Sections 544 and 546 of the Kolkata Municipal Corporation Act, 1980
- Property description
- The building was allegedly constructed illegally on Waqf property
Quotes
Justice Raja Basu Chowdhury
Calcutta High Court judge who heard the petition
“The petitioner also claims to have known of the order only when the same was pasted on the outer wall of the premises. Having regard to the aforesaid, I am of the view that the municipal authorities should not proceed and implement the order of demolition… for a period of 30 days from the date of passing of the order.”
indianexpress.com
“This is Waqf property, and they are staying illegally. Previously it was a TMC party office. I was badly assaulted by the locals.”
indianexpress.com
An affected resident
A resident affected by the planned demolition
“Where will we go now? We were asked to vacate the premises overnight.”
indianexpress.com
Sources
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