HC stays eviction from 50-yr-old DH Road bldg
Kolkata: Calcutta High Court on Saturday — in an urgent hearing — granted interim stay on eviction from a 50-year-old multi-storey building on Diamond Harbour Road till June 30. The fire and emergency services dept ordered eviction within 24 hours on May 15, citing inadequacy of fire prevention and fire safety measures.Justice Saugata Bhattacharyya observed that prima facie the authority was required to "record satisfaction prior to passing an order directing the residents to vacate the apartment." Since no one was representing the authorities, the judge remarked that their side should also be heard.The issue germinated from an inspection by the fire and emergency services of the G+5 building located at 8/1, Diamond Harbour Road. An order was passed on May 15 stating that no fire safety norms were maintained. It was noted that the ground floor had a commercial unit run by Foryour Resque Private Limited.Appearing for the company and one of the residents, senior Advocate Kishore Datta submitted that Foryour Resque Private Limited had a fire safety equipment business. He also stated that they supply materials to the fire safety dept as well as train the firemen."It's not a new building. It is a 50-year-old building," Datta submitted before Justice Bhattacharyya while stressing that the entire process was completed in "hot haste" as inspection was carried out on the premises in question on May 15, 2026, and on the same day, an order was issued directing the petitioner and other inmates to vacate it by May 16. "Though it is spelt out that inbuilt fire safety installations have not been found on the premises in question but what were the material available before the respondent No. 2 (authorities) for passing impugned order are required to be considered by the court on the next date," the judge held.The report stated that no fire safety measure was maintained. It was stated that commercial activity was being run from the ground floor, which is deviation from the approved sanctioned plan drawing. "No inbuilt fire safety measures were found in the above occupancy. It is a high-risk building and poses danger to safety," it said.Officers in charge of Alipore PS were directed to shift residents. Datta argued that the order was "bereft of explanation substantiating satisfaction of authorities."
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