Let human lives be saved, says HC, refusing to stay Port area demolition
Times of India | 20 March 2024
Kolkata: The Calcutta High Court on Tuesday didn’t allow a petition against the demolition order of a building in the Port area to be executed on Wednesday even as the petitioner pleaded that the order had been passed without making him party to the case.
“The court is not giving you any leave in any demolition matter,” Justice Amrita Sinha said on Tuesday following the death of nine people after the collapse of an unauthorized construction at Garden Reach on Monday midnight.
When the petitioner’s counsel pleaded that the demolition order had been passed without giving a hearing to his client, Justice Sinha said: “Let it remain futile. Let human lives be saved.”
In another case related to an unauthorized construction at Ekbalpore, Justice Sinha directed KMC commissioner to submit an affidavit before the next hearing on April 9, stating why there was a delay of one month in executing the demolition order. Justice Sinha also directed the commissioner to state in the affidavit the tools and machinery to be used in pulling down the unauthorized construction.
The court also directed DC (port) to make adequate forces available to carry out the demolition work.
“Why should the KMC take one month in demolishing the outer structure of an unauthorized construction?” Justice Sinha asked.
The demolition work of this six-storied building at Tent Mission Road, Ekbalpore, under ward 77, Borough IX, had been pending since 2017. Later, when the matter came up for hearing at Justice Sinha’s court, the court directed the KMC to pull down the unauthorized construction. The petitioner pleaded before the court on Tuesday that another floor was added to the unauthorized construction after the court had passed the demolition order.
Four other similar cases came before Justice Sinha on Tuesday.
A petitioner, who is a lawyer, complained to the court that a G+3 building had come up on Mahendra Sircar Street under ward 50 adjacent to his house without a sanction plan. The court ordered KMC executive engineer of Borough V to conduct a spot inspection and submit a report on March 21.
Two other cases are that of a G+6 building at M N Chatterjee Sarani, Narkeldanga, under ward 28 and an unauthorized construction without the mandatory side space at Baishnab Sammilani Lane in ward 27. While a report has been sought regarding the first case by March 21, the court directed Amherst Street PS to keep a vigil on the second building till the next hearing on April 8.
Another construction in focus is a G+4 building on a Wakf property without any sanction plan from KMC. The court listed the matter for hearing again on April 8.