Whalesbook
Calcutta Demolitions Face Legal Challenges
Calcutta's municipal authorities are drawing criticism for recent demolition drives, with accusations of procedural errors. The Calcutta High Court has issued an interim stay on one operation in Tiljala, citing claims that due process was not properly followed. This move highlights growing concerns about whether established legal protocols are being adhered to during demolitions.
Supreme Court Guidelines Under Scrutiny
The Supreme Court has previously set clear guidelines for demolitions nationwide, requiring mandatory notice periods and offering avenues for appeal to prevent arbitrary actions. Critics suggest these rules may have been overlooked in recent Calcutta demolitions. The Calcutta High Court's intervention in the Tiljala case, where residents reported demolition without prior notice, points to a potential disregard for these established norms.
Accusations of Biased Enforcement Tactics
Statements from Chief Minister Suvendu Adhikari have added to the controversy. Following a factory fire in Tiljala, Adhikari ordered audits of illegal buildings and specifically identified four localities with significant Muslim populations. This targeted naming has led to claims of bias, especially since similar issues in other commercial areas of Calcutta seemingly have not faced the same level of enforcement. Questions are being raised about the unbiased application of the law.
Legal Context and Market Trends
Courts across India are increasingly examining demolition practices. The Supreme Court has consistently upheld the right to shelter as part of the right to life, stating that demolitions must follow due process and cannot be punitive without legal adjudication. Recent rulings have reinforced requirements like 15-day notice periods and personal hearings, with failure to comply possibly leading to contempt charges. The Calcutta High Court has previously ordered compensation for illegal demolitions that bypassed due process. Despite these regulatory complexities, the Kolkata real estate market remains strong, with Q1 2026 sales up 5% year-on-year, driven by the affordable and mid-segment housing. The Kolkata Municipal Corporation recently issued demolition notices to properties linked to Abhishek Banerjee for alleged illegal construction, underscoring an active regulatory environment for property development.