KOLKATA: The Calcutta High Court ruled on Dec 23 that civil disputes would not hinder the renovation of a building designated as ‘dilapidated’ or ‘unsafe’ by the KMC.
The court stated, “The residents, including tenants and nearby individuals, could face substantial risk if the Corporation’s order is not executed.”
The challenge arose from the trial court’s decision to lift an interim order in a civil suit regarding a 1/6th property share, brought before the division bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya, which also contested transfer deeds issued by the building owners.
After the lower court issued the interim order, the owners argued that the building could “crumble down any day” and claimed KMC had ordered the submission of a renovation proposal on Feb 2, 2022. The construction was expected to follow a plan sanctioned by the KMC within a specified timeframe.
The counsel for the building owners emphasized the imminent risk to residents and those nearby unless the KMC’s directive was acted upon swiftly. It was noted that the lower court vacated the interim order based on this rationale, and that the petitioner had failed to mention the KMC order.
The division bench instructed both the building owners and the petitioner to apply for the sanction plan at KMC within two weeks, with KMC directed to expedite the review for joint construction. Should they fail to submit a joint plan, the owners could proceed individually, and KMC would process their application.
The judges clarified that no party could claim special equity or rights solely based on the construction made. They also stated that no adverse outcomes would arise for the parties in the civil suit.
A KMC official reported, “We have identified around 3,000 houses as insecure, urging owners to repair or demolish hazardous parts. At least 25% are marked as ‘extremely hazardous’ and must be demolished.”
