Amid tension in south Kolkata, HC steps in to stay demolition notice

On Sunday morning, tension erupted in Tollygunge, south Kolkata, when bulldozers of the Kolkata Municipal Corporation (KMC) arrived at Satish Mukherjee Road to demolish a building claimed to be a Waqf property by local residents. Protests ensued, with residents claiming they were asked to vacate the premises overnight. The Calcutta High Court intervened, staying the demolition for 30 days, stating that the affected petitioners were unaware of the KMC notice.

At an emergency hearing, advocate Zohaib Rauf argued that despite a pending petition challenging the KMC's demolition notice, the civic body had already pasted the eviction notice on August 21, informing that the twin buildings would be demolished in two days. Rauf claimed the petitioners were not informed about the notice beforehand, which stipulated that municipal officers and police would enter the premises on August 23 between 11 am and 5 pm to carry out the demolition.

The KMC's counsel countered that the municipal authorities had previously notified the petitioner about the "illegal construction." However, the petitioner continued to retain possession of the illegally constructed portion, leading to the demolition step. Justice Raja Basu Chowdhury, in an interim order, stayed the demolition, noting that the petitioner had not been given a meaningful opportunity to appeal.

The bench emphasized that they did not examine the merits of the KMC's demolition order but acknowledged that both premises were registered before the Waqf Board and classified as Grade-I heritage sites containing a heritage mosque, mansard, and tombs of Tipu Sultan.

The court also noted that several illegal constructions existed, with 500 families encroaching on the site over the years. One and two-story structures were recently constructed near the entrance and were recently painted. The Waqf Board, responsible for preserving the Grade-I heritage site, sought the removal of the illegal structures. The High Court ordered the KMC to provide necessary assistance for the demolition work upon request.