Calcutta High Court has ordered the swift sealing of ten new constructions in Kolkata due to allegations of “illegal constructions” on disputed land. The directive comes after an altercation between custodian officers and builders during measurement. The court emphasizes the need for a detailed report on land status and approvals in the upcoming hearing.
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KOLKATA: On 24th February, the Calcutta High Court has directed the Kolkata Municipal Corporation (KMC) to seal ten new or upcoming constructions in the city by 2 pm on Saturday. The directive came from a division bench comprising Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya, following a petition highlighting concerns about “illegal constructions” on thika tenancy land, Wakf land, and a property identified as enemy land.
The contentious construction on the alleged enemy property is situated on Keshab Chandra Sen Street in ward 37. ‘Enemy properties’ are properties left behind by individuals who obtained citizenship in Pakistan (post the 1965 and 1971 wars) and China (following the Sino-Indian war of 1962).
In 2017, the government amended the Enemy Property Act, 1968, and the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The amendment stated that heirs of those who left India after 1962, 1965, and 1971 could no longer claim ownership of these enemy properties.
During the proceedings on Friday, additional solicitor general Ashoke Kumar Chakraborty informed the court that officers from the custodian of the enemy property, under the Union home ministry, were allegedly assaulted when they attempted to measure the disputed property.
The Chief Justice remarked-
“This is a very serious allegation if found true.”
The petitioner raised concerns that three out of the ten properties had been constructed on thika tenancy land. The petitioner’s counsel alleged collusion between a section of developers and the then executive engineer of KMC Borough IV and V.
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Furthermore, it was asserted that some of the constructions, partially occupied, were being exploited by anti-social elements, functioning as call centers for financial fraud, and others being hubs for drug peddling.
In response, the Chief Justice instructed the Ministry of Home Affairs (MHA), the custodian of the property, and the estate manager to submit a detailed report on the status of the land in question during the next hearing.
The court emphasized the importance of verifying whether the builders had obtained the necessary sanction orders for land conversion, submitted the building plan to the KMC, and received its approval.
The Chief Justice remarked-
“The KMC has to ascertain whether the construction was made in conformity to the building plan.”
The division bench further directed the KMC to conduct inspections on the constructions and submit an action taken report. Justice Hiranmay Bhattacharyya specifically instructed the controller of thika tenancy and the chairperson of the Board of Wakfs to file a report on the land status and verify if appropriate approvals were obtained by the builders.
