HC set to hear PILs on filling up of water bodies in Calcutta Municipal Corporation area
Telegraph | 19 March 2024
Amid allegations of rampant illegal constructions in Calcutta's Garden Reach area, where a tragic under-construction building collapse claimed at least four lives and left several injured, the Calcutta High Court is set to hear two Public Interest Litigations (PILs) regarding filling up of numerous water bodies in the Calcutta Municipal Corporation (KMC) area on March 21.
The KMC had previously paid a "cost" of Rs one lakh imposed by the high court due to a delay in submitting a report on the number of water bodies within its jurisdiction.
A division bench headed by Chief Justice T S Sivagnanam is scheduled to hear the PILs on March 21, over allegations of water body filling and illegal constructions.
On December 11, the court had allowed the KMC to submit a report detailing the number of water bodies, actions taken against encroachments, and illegal conversions, only after paying the imposed "cost".
The KMC had filed a report in the form of an affidavit on January 4 and paid the "cost" to the West Bengal State Legal Services Authority as directed.
Residents of the Garden Reach area alleged that multi-storeyed buildings were constructed illegally after filling up water bodies, disregarding regulations.
Calcutta Mayor and West Bengal Urban Development Minister Firhad Hakim said the collapsed building was being illegally constructed, and he instructed the police to apprehend the building promoter.
"It was an illegal building and we will take legal steps accordingly," Hakim, who is also the local MLA, said.
Hakim acknowledged a long-standing trend of illegal constructions in the area, claiming that it dated back to the Left Front era, while admitting lapses on the part of officials for failing to notice and address the illegal construction.
"It has been the trend here and also in some other areas since the Left Front era; now it does not happen so much," he said.
He clarified that it was not the responsibility of the local elected councillors to monitor construction in compliance with sanctioned plans from the KMC.
Expressing dissatisfaction with the KMC's inability to determine the number of water bodies within its jurisdiction, the Chief Justice had on December 11 criticised the municipal body for delaying the matter.
The court had threatened to ask the KMC to disclose the names of the executive engineers, their juniors, names of the councillor of the wards and implead them as parties suo motu and summon them to court.
The KMC counsel informed the court that data updates for municipal wards from 101 to 141 were underway. Monday's building collapse occurred in Ward No. 134.
The bench emphasised the KMC's obligation to safeguard water bodies and criticised the mere filing of FIRs without taking necessary actions such as demolition of illegal constructions.
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