Calcutta High Court Directs Police To Form Special Task Force To Aid KMC In Conducting Demolition Drive Against Unauthorised Constructions

In taking a stand against illegal and unauthorised constructions in the city of Kolkata, the Calcutta High Court has directed the Kolkata Police to form a Special Task Force to assist the functionaries of the Kolkata Municipal Corporation (KMC) in conducting a demolition drive to destroy unauthorised constructions which have come up in the city.

Recently, one such unauthorised building collapsed in Kolkata's Garden Reach area, leading to multiple fatalities.

A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya held:

"The KMC has filed a report which shows that all buildings are unauthorised, and steps for demolition have been taken. The reason for not being able to proceed is that most of the buildings are fully occupied by unauthorized occupants. In respect of buildings where partial demolition was done, the occupants once again reconstructed the same...the same needs to be condemned. For vacating the building, a special task force has to be constituted by the police to assist KMC in carrying out the orders of demolition. Occupants shall be given time to vacate the premises till 15th June 2024."

These observations came in a public interest litigation wherein the court had earlier asked the KMC to keep their demolition drive in abeyance due to not being clear on the status of the allegedly unauthorised constructions.

At the present hearing upon perusing the KMC's detailed report, the Court directed that such rampant unauthorised construction ought to be demolished and that the KMC shall be given assistance by the police while carrying out their demolition drive.

The Court further stated that if any occupant of the illegal buildings sought to interfere in the process, or refused to vacate the premises after the 15th June deadline, the police may use reasonable force or register criminal cases against them.

It further directed that the officers of the KMC shall also be given protection while carrying out the demolition drive.

Case: Sk Mahbub Hosain v State of West Bengal

Case No: WPO(P)/1/2024