In the midst of the monsoon season, the Kolkata Municipal Corporation (KMC) has intensified efforts to persuade tenants living in dilapidated buildings to temporarily vacate their residences. This measure aims to facilitate urgent repair works and prevent potential tragedies resulting from building collapses. Despite these efforts, the KMC has encountered significant resistance from tenants, who are hesitant to leave their homes due to concerns about not being allowed to return once the properties are rebuilt.
Chief Minister recently highlighted concerns regarding the city’s numerous decrepit buildings. As a result, the KMC’s building department has received strict instructions to conduct thorough inspections of these structures, including assessments of their structural stability. The civic body is issuing warnings to both owners and residents of buildings identified as posing an immediate risk of collapse. However, the KMC’s attempts to convince tenants to relocate temporarily have often been met with reluctance. Many tenants fear that property owners might not permit them to return after reconstruction, exacerbating the challenge.
Additionally, legal disputes between owners and tenants have further complicated efforts to address these dangerous buildings. In response, the Kolkata Municipal Corporation (Amendment) Act, 2022, was enacted, allowing for the issuance of a ‘certificate of occupancy’ to ensure that residents of dilapidated properties retain their rights and are allotted space in the rebuilt structure. To incentivise owners to carry out necessary repairs, the KMC has also offered an extra floor area ratio. Nonetheless, despite these legislative measures, tenants remain hesitant to vacate, choosing instead to continue residing in these perilous conditions.
Kolkata is home to over 2,000 insecure structures, with nearly 1,200 classified as ‘dangerously insecure.’ The recent amendment to Clause V of Section 412A of the Act introduced a new provision enabling the Municipal Commissioner to order immediate evacuation of occupants from unsafe buildings. This directive includes the right to erect temporary structures for rehabilitation on the premises after demolishing the dilapidated building, prior to the commencement of development work. The KMC’s ongoing struggle to secure the safety of residents in these hazardous buildings underscores the complexities involved in urban management and property rights. As the city grapples with the dual challenges of rapid urbanisation and aging infrastructure, finding a balance between protecting residents’ safety and ensuring their housing rights remains a critical concern. The situation calls for a nuanced approach that addresses both the legal and practical aspects of urban redevelopment, while prioritising the well-being of the city’s inhabitants.
