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The Calcutta High Court has permitted the Kolkata Municipal Corporation to undertake repair and maintenance work on buildings deemed unsafe, even as civil litigation remains pending between the property owners and the civic body. The order enables the corporation to carry out structural rectification to ensure safety and prevent potential hazards, particularly in densely populated neighbourhoods. The ruling underscores the court's emphasis on protecting life and property, balancing legal rights with urgent civic responsibilities. While the civil dispute continues to be adjudicated separately, the civic agency has been authorised to proceed with remedial works to avert risks associated with deteriorating structures.
The Calcutta High Court has granted permission to the Kolkata Municipal Corporation to proceed with repair and maintenance work on buildings classified as unsafe, despite ongoing civil disputes between the property owners and the civic authority. The directive was issued as part of judicial oversight aimed at safeguarding public safety in areas where compromised structures pose imminent risk. Advertisement
Kolkata Municipal Corporation had approached the High Court seeking clarification on its authority to carry out remedial work under municipal safety norms while disputes over ownership or related matters were pending in civil proceedings. The court clarified that protective civic action to avert potential hazards to residents and passers-by is permissible even during the pendency of civil litigation.
Under the order, the civic agency can undertake necessary structural repairs and maintenance work on buildings deemed at risk, using its statutory powers to enforce safety standards. This includes reinforcing structural elements, undertaking rectification work and restoring certain components critical to stabilising the affected properties.
The ruling emphasises the primacy of life and public safety, directing that corrective measures may not be delayed solely on account of disputes related to title or ownership. The civil dispute between the parties will continue to be adjudicated on its merits, but does not bar the civic authority from taking action to prevent potential structural failures.
Officials from the municipal corporation welcomed the decision, noting that the ability to proceed with safety works will help mitigate hazard exposure in vulnerable neighbourhoods while legal proceedings continue. The order reflects the judiciary's effort to strike a balance between legal rights and the imperative of preserving public safety in urban environments.
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