Authority: High Court of Judicature at Calcutta (Calcutta High Court)
Order Date: 30 June 2026
Case Overview
- Petitioners: Md. Idrish & Ors. filed W.P.A. 12272 of 2026 against Union of India & Ors., seeking writs to quash demolition of residential quarters belonging to Calcutta Dock Labour Board (CDLB) and Calcutta Port Trust (CPT) at Brook Lane, Garden Reach, Kolkata.
- Petitioners submitted copies of Aadhaar cards (pages 26‑75) to demonstrate residence in the premises and a supplementary affidavit indicating specific portions occupied.
- Respondent authorities (Kolkata Port Trust) argued demolition was justified due to risk of collapse, citing a memo dated 22‑05‑2025 from Deputy Commissioner of Police, Port Division, Kolkata warning of structural danger.
- The Court referred to Section 2(g), 4 and 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, which require a notice to show cause before eviction and outline procedures for eviction orders.
- The Court noted petitioners failed to produce any document establishing lawful possession or authority to occupy the quarters, and no notice had been served by the estate officer.
- The Court distinguished the present case from Board of Trustees for the Port of Kolkata & Anr. vs. Vijay Kumar Arya (2009), where a lease had been revoked and the lessee refused to vacate.
Final Outcome
- The writ petition is dismissed in its entirety.
- The interim demolition order is vacated.
- No order as to costs is made.
- The assertions in the petition are deemed denied due to lack of supporting affidavit.
- Parties may obtain a certified photostat copy of the order upon compliance with legal formalities.
Topics: Demolition, Public Premises Eviction