KMC can repair unsafe bldgs caught in civil dispute: Cal HC
Times of India | 31 December 2025
Kolkata: Civil disputes could not stall renovation of a building, declared ‘dilapidated' or ‘unsafe' by KMC, the Calcutta High Court held on Dec 23.
"...The people residing on the premises, including tenants, and the neighbouring persons and passers-by, who would be at substantial risk unless the order of the Corporation is not carried out, cannot also be ruled out," the HC ruled.
The trial court's decision to vacate an ad interim order of status quo to the petitioner in a civil suit, seeking 1/6th share of the property, was challenged before the division bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya.Transfer deeds issued by the building owners were also challenged.
After the trial court had granted the ad interim order, the owners claimed as the building "may crumble down any day" KMC had directed for submission of a building plan proposal, so it could be renovated. The order was issued on Feb 2, 2022. The construction, according to a plan to be sanctioned by the KMC, was directed to be finished within a stipulated period.
The building owner counsel said: "There is serious risk to life and limb of residents of the house as well as the persons in the vicinity unless the KMC order is carried out immediately." It was argued that only on this ground the ad interim order was vacated by the lower court and the petitioner had not disclosed the KMC order.
The division bench directed the building owners as well as the petitioner to apply for sanction plan before KMC within a fortnight, and KMC was directed to process it fast for a joint construction. In case they do not file the sanction plan jointly, the owners can submit an application themselves that will be processed by KMC.
The judges also said none of the parties would be entitled to claim a special equity or rights merely by virtue of making of such construction. It was clarified nothing would act adversely for the parties in the civil suit.
We have listed 3,000-odd houses as insecure and asked the owners to repair or demolish the extremely insecure parts. At least 25% are listed as ‘extremely hazardous' and need to be razed," said a KMC official.