Calcutta High Court Directs 'Status Quo' Over Demolition Of Alleged Illegal Constructions Across Kolkata

The Calcutta High Court on Friday (May 29) directed 'status quo' on demolition of alleged illegal constructions across the city, while hearing two petitions moved by tenants who had challenged the notice of demolition.The court while directing status quo, however said, that if any portion of the building in question has already become dangerous, the municipal authorities in consultation with the petitioners shall remove such dangerous portion; but barring this no further demolition shall take place without leave of the Court. The petitioners in the two petitions had challenged a May 23 notice, wherein the petitioners being the tenants of the premises were aggrieved by the direction of immediate demolition of the alleged unauthorized construction. The petitioners submitted that no opportunity of hearing or producing any supporting documents has been provided prior to giving such direction for immediate demolition.The counsel appearing for the State as also for the Kolkata Municipal Corporation submit that the writ petition is not maintainable and the petitioner herein are not entitled to any relief as prayed for. It was submitted that it is the premises owner who is being served with the notice. It is not possible for the authorities to serve each and every persons aggrieved with such notice.Justice Shampa Dutt (Paul) noted that it appeared from the notice that the owner of the premises has been directed to appear beforethe Special Officer (Building) for a hearing in respect ofthe direction in the said notice. The court however said that the owner was not before the Court in the petition but the tenant who is in occupation of the building has on seeing the notice of the said proceedings, had approached the Court for urgent relief considering that they resides in the premises.The senior advocate appearing for the petitioners submitted that the petitioners are ready and willing to join the hearing but he challenges the authority to issue the notice since the same has not been issued by following the mandatory provisions of the Act and the basis of the said notice and its validity is the actual issue in the present case."On hearing the parties and considering the serious issue raised in the present writ petition, this Court is of the view that an opportunity is to be provided to all the occupants of the premises along with the owner of the premises, who it is presumed shall be in possession of all the supporting papers/documents in respect of the said construction," the court said. The court also noted that the present petitions were different from a pending plea, noting that in the present case "no demolition has taken place till date" and said that it "prima facie appears that a decision for demolition to be carried out has been passed within a very short notice period"."Considering these facts and also considering that such an issue is sub judice before the regular Bench, keeping in parity with the order dated 15th May, 2026 passed in WPA 11256 of 2026, it is directed that an order of status quo shall be maintained in respect of the premises with a further direction if any portion of the building have already become dangerous, the municipal authorities in consultation with the petitioner shall remove such dangerous portion, however, barring the same no further demolition shall take place without leave of the Court," the court said. The court thereafter listed the matter before the regular bench, adding that the issue of maintainability raised by the State is kept open. Meanwhile in a third plea, wherein the petitioner claimed that during the pendency of his appeal before the Municipal Building Tribunal relating to the premises in the present case a demolition notice was issued by the authorities. Disposing of the plea the court directed:"Considering the fact that an appeal is pending before the Municipal Building Tribunal and the matter is subjudice, the appeal fixed for hearing on 27th August, 2026. The demolition notice be stayed for a period of thirty days from the date of this order with liberty granted to the petitioner herein to pray for necessary relief in respect of the demolition notice before the Municipal Building Tribunal and the Tribunal shall be at liberty to pass necessary order(s) in respect of the said notice in accordance with law". Case title: Madanjit Kumar Singh v Kolkata Municipal Corporation & Ors. and batchWPA/12197/2026,WPA 12203 of 2026, WPA 12201 of 2026Click Here To Read/Download OrderClick Here To Read/Download OrderClick Here To Read/Download Order

Calcutta High Court Directs 'Status Quo' Over Demolition Of Alleged Illegal Constructions Across Kolkata

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Calcutta High Court Directs 'Status Quo' Over Demolition Of Alleged Illegal Constructions Across Kolkata

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