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IN THE HIGH COURT AT CALCUTTA
GAURANG KANTH
Chandi Charan Das & Co (P) Ltd. – Appellant
Versus
Kolkata Municipal Corpn. – Respondent
JUDGMENT :
GAURANG KANTH, J.
1. The petitioner has preferred the present writ petition seeking a direction upon the respondent corporation to immediately seize and resist from carrying out any demolition work beyond the declared unsafe portion of the building situated at premises no. 121/4K and 121/4L/1 Manicktala Main Road, Kolkata and further to quash memo no. B/87/III/25-26 dated 13.8.2025 to the extent it affects the petitioner’s tenancy in the said premises.
2. It is the case of the petitioner that the petitioner company i.e., Chandi Charan Das & Co. (P) Ltd., was inducted as a tenant on 01.11.1957 in the entire ground floor of premises no. 121/4K Manicktala Main Road, Kolkata. The tenancy was created by the then owner of the premises and has continued uninterrupted for nearly seven decades. The premises subsequently partitioned by the erstwhile owners and had been assigned to separate numbers as mentioned above. However, the tenanted portion i.e., the ground floor continued to remain in the possession of the petitioner without any physical partition. The petitioner used to pay the rent to the respondent, but a dispute arose and the respondent stopped accepting the rent. Consequ
Municipal authorities may exercise emergency powers to ensure public safety, allowing for expedited eviction without a prior hearing in cases of imminent danger.
The court affirmed the statutory obligations of the owner under the Kolkata Municipal Corporation Act to protect tenant rights during building safety actions.
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....
Public safety concerns override tenant rights when a building is declared unsafe, allowing for immediate demolition without waiting for resolutions of tenancy disputes.
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.
A municipal corporation must respond to representations regarding dangerous buildings within a reasonable timeframe and provide a reasoned decision.
The court established that unauthorized construction without prior permission is subject to lawful demolition, and proper notice procedures must be followed, even if the responsible party is misident....
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