Calcutta High Court Restrains Further Demolition Of Fire-Hit Tiljala Building, Bars Leather Business From Premises

The Calcutta High Court on Thursday restrained further demolition of a Tiljala building where a fire in a leather goods manufacturing unit claimed two workers' lives earlier this week, while simultaneously prohibiting any business activity from the premises until further orders.

Justice Raja Basu Chowdhury passed the interim order in a writ petition filed by residents of the premises at Tiljala, who challenged the demolition drive initiated by the Kolkata Municipal Corporation following the May 12 fire incident.

According to the petitioners, the ground floor of the building housed a leather goods manufacturing business run under the name M/s Delta Leather Corporation, while the upper floors were used for residential purposes by family members, including women and children. The petition stated that a fire broke out in the factory portion on May 12 between 1 PM and 2 PM, leaving five workers injured, of whom two later succumbed to burn injuries.

Senior Advocate Bikas Ranjan Bhattacharyya, appearing for the petitioners, argued that the demolition proceedings undertaken on May 13 through heavy machinery requisitioned by the Kolkata Metropolitan Development Authority were “unknown in law” and carried out without prior notice under Section 400 of the Kolkata Municipal Corporation Act, 1980.

Relying on the Supreme Court's judgment in Directions in the matter of Demolition of Structures, In Re reported in (2025) 5 SCC 1, the petitioners contended that no demolition could ordinarily take place without following due process and sought restraint on further demolition. The petitioners also sought restoration of electricity and water supply to the premises.

Opposing the plea, Senior Advocate Joydeep Kar for the Kolkata Municipal Corporation submitted that the building was entirely unauthorized and lacked any sanctioned building plan. He further argued that no tannery activity could legally operate in the area after September 30, 1997, in view of the Supreme Court's directions in M.C. Mehta (Calcutta Tanneries' Matter) v. Union of India.

The municipal authorities informed the Court that notices under Sections 400(1) and 412(2) of the Kolkata Municipal Corporation Act had already been issued on May 12 and 13 respectively.

Senior Advocate Dhiraj Trivedi, appearing for the police authorities and the Kolkata Metropolitan Development Authority, also submitted that the factory lacked clearance from the Pollution Control Board and that the State was duty-bound to take preventive measures to safeguard residents and neighbouring occupants.

While considering the matter, the Court noted that the petitioners had not disclosed whether the building possessed municipal sanction, though it recorded the submission that documents had allegedly been destroyed in the fire.

The Court observed: “Though the petitioners possess factory licence, the petitioners cannot under any circumstances be permitted to run the tannery especially having regard to the mandate issued by the Hon'ble Supreme Court.”

The Court further noted that the petitioners had failed to place on record any authorization from the Pollution Control Board, fire authorities, or other statutory authorities permitting operation of the business.

Taking note of the fire incident and the deaths of two workers, the Court held that “it is only appropriate that no business is permitted to be run from the said premises for the time being till further orders of this Court.”

At the same time, the Court observed that demolition proceedings must conform to the statutory procedure under the Kolkata Municipal Corporation Act and directed maintenance of status quo.

The Court ordered that no further demolition would take place without leave of the Court, except removal of portions that may have become dangerous, which may be undertaken by the municipal authorities in consultation with the petitioners.

The petitioners have been directed to file a supplementary affidavit disclosing title deeds, sanctioned plans, and statutory licences authorising the business activity from the premises.

The matter will next be heard on June 22, 2026.

Order to be uploaded shortly.