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The Calcutta High Court has directed the Kolkata Municipal Corporation (KMC) and the concerned authorities to extend adequate assistance to the owners of a dilapidated building in Kolkata to implement an earlier municipal order permitting development of the property, after a portion of the structure recently collapsed.

Justice Arjun Ray Mukherjee observed that there was no impediment to implementing the order dated May 20, 2022, passed by the Deputy Chief Engineer (Civil), Building North, Kolkata Municipal Corporation.

The Court accordingly directed the concerned respondents to extend adequate assistance to the petitioners for implementing the municipal order.

The directions were passed while disposing of three connected writ petitions: WPA 13124 of 2026, filed by Vijay Banka and others; WPA 28249 of 2026, filed by New Milap Logistics and others; and WPA 28821 of 2026, filed by M/s Om Sai Ram.

The petitioners, who are the owners of the premises, had approached the High Court seeking implementation of the municipal order dated May 20, 2022.

Under the said order, the Deputy Chief Engineer (Civil) had provided for action under Section 412A of the Kolkata Municipal Corporation Act, 1980, in respect of dilapidated buildings posing risks of environmental pollution, fire hazards, threats to public safety, health hazards and nuisance.

The order also contemplated that the KMC could undertake development work in respect of such dilapidated buildings through a transparent process and subject to prescribed conditions.

The order was subsequently challenged by private respondents through a writ petition, WPA 11455 of 2022.

On January 11, 2023, a Coordinate Bench disposed of the petition, granting liberty to the landlords to take steps in accordance with law for demolition of the old structure and construction of a new building.

The Court had further directed that the building plan submitted by the landlords should clearly earmark the area to be kept aside for tenants and occupiers. It also directed that the tenants and occupiers be restored to possession of their respective portions, subject to the outcome of Title Suit No. 1307 of 2021 pending before the 12th Bench of the City Civil Court, Calcutta.

Aggrieved by the order, the private respondents preferred appeals, MAT 960 of 2024 and MAT 961 of 2024.

A Division Bench of the High Court, by its judgment dated January 22, 2025, recorded that Milap Roadways Private Limited was not a party to the pending title suit and that no material had been produced to indicate that any civil suit was pending against Sachin Ahuja. The appeals were disposed of after recording these facts.

Thereafter, the owners requested the private respondents to vacate the premises to facilitate demolition and reconstruction in terms of the municipal order dated May 20, 2022.

During the present proceedings, KMC's counsel produced a status report dated November 2, 2026, issued by its Executive Engineer (Civil), Building Department.

The report stated that the demolition process had not yet commenced and that a portion of the partly four-storeyed and partly five-storeyed old residential building had recently collapsed.

It further recorded:

"As the condition of the said building is too ruinous and the rest portion of the building may collapse at any moment causing injury to the occupants and public in general."

After considering the submissions of the parties and the materials on record, the Court found that there was no impediment to implementing the municipal order dated May 20, 2022.

Accordingly, the Court directed the concerned respondents to extend adequate assistance to the owners for implementing the said order.

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