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IN THE HIGH COURT AT CALCUTTA
Gaurang Kanth
Magnum Enterprises – Appellant
Versus
Kolkata Municipal Corporation – Respondent
JUDGMENT :
Gaurang Kanth, J.
1.The petitioner in the present writ petition challenges the order dated 06.08.2025 issued by the Executive Engineer (C), Building Department, Borough – VII, Kolkata Municipal Corporation (in short ‘KMC’), whereby it was communicated that, upon expiry of seven days, KMC officials would proceed to implement the Municipal Commissioner’s order dated 10.06.2025. By the said order dated 10.06.2025, the Municipal Commissioner directed the Executive Engineer (C), Building Department, Borough – VII to repair/demolish/secure any such portion of the Western Block (Block – 2) of premises No.11, Abanindra Nath Thakur Sarani, Kolkata in respect of which notice under Section 411 (1) of the Kolkata Municipal Corporation Act, 1980 had been issued, if so required for the safety of public and the inmates of the building, and to do so at the expenses of the owner.
2. This matter has a chequered history, involving multiple rounds of litigation initiated either at the instance of the landlord or tenant in respect of Western Block (Block – 2) of the premises mentioned above.
3. Respondent no. 5 is the landlord of the premises, and the petitioner is one of the tenants thereof. An
The rights of tenants to repair premises under the Kolkata Municipal Corporation Act must be upheld, and compliance with court directives is essential in decision-making.
The court established that renovations deemed necessary for safety do not require additional permissions under the KMC Act, provided they comply with existing regulations.
Municipal authorities may exercise emergency powers to ensure public safety, allowing for expedited eviction without a prior hearing in cases of imminent danger.
Letters Patent Appeals - Rent Control and Eviction - Tenant - Restrictions on user of buildings and removal of dangerous buildings - Saving inheritance of High Court - Power conferred under Section 2....
The judgment emphasizes the need for planned development and the importance of obtaining formal permission for construction, highlighting the consequences of unauthorized construction.
The court upheld the legality of amalgamating properties under the Kolkata Municipal Corporation Act for tenant rehabilitation, emphasizing adherence to prescribed statutory procedures.
The court affirmed the right of the petitioners to rehabilitate after the demolition, balancing public safety with their occupancy claims as per the Kolkata Municipal Corporation Act.
A structure without a sanctioned plan is unauthorized, irrespective of its age; such constructions cannot gain legality from their longevity.
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