Kolkata, August 23: The Calcutta High Court issued an interim stay on the demolition of an ‘illegal’ construction in the Tollygunge area of South Kolkata during a special hearing on Sunday.
Justice Raja Basu Chaudhuri’s bench ruled that the demolition notice cannot be enforced for the next 30 days, preventing the Kolkata Municipal Corporation (KMC) from proceeding with the demolition. During this period, the complainant may pursue legal action.
The alleged ‘illegal’ construction is located at addresses 51/1A and 51/1B on Satish Mukherjee Road in Tollygunge. The KMC had initiated immediate action against it, bringing in a bulldozer and deploying a significant police presence in the area. However, local residents engaged in a dispute with the police.
Anita Das, a resident of the area, approached the High Court against the KMC’s decision to demolish the construction and requested an urgent hearing on Sunday.
In response to her plea, a special bench was convened with the permission of Acting Chief Justice Tapobrata Chakraborty.
Anita Das claimed in court that she has been residing at that address for a long time. The KMC had issued a ‘show-cause notice’ to vacate the premises and proceed with the demolition, but this has been challenged, and the case is currently pending in the High Court. Meanwhile, the KMC began demolition efforts, starting at 11 AM on Sunday.
The High Court stated that the KMC should have provided the complainant with 30 days to respond to the demolition notice. The court noted that the demolition notice was issued just a week prior, and demolishing a construction without giving the affected party a chance was not legally justified.
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