The Supreme Court has directed the West Bengal government and the Kolkata Municipal Corporation (KMC) to take immediate action to demolish illegal constructions on enemy property in Kolkata. This decision, issued during a recent hearing, underscores the urgent need for compliance with the Enemy Property Act of 1968, which mandates that properties owned by enemies must be managed and safeguarded by the state.
The court’s directive came as a response to persistent non-compliance by local authorities regarding the establishment of a functional Municipal Building Tribunal, a body intended to address grievances related to such properties. The bench expressed frustration at the apparent delays and alleged collusion between the state and municipal officials, emphasizing that the lack of action was unacceptable. The Custodian of Enemy Property for India had to enlist the help of the Central Industrial Security Force (CISF) to enforce the necessary evacuations, highlighting the challenges faced in this enforcement process.
This case revolves around a property located at Keshab Chandra Sen Street, which previously belonged to Pakistani nationals and has been subject to unauthorized constructions. The Supreme Court had earlier stayed an order from the Calcutta High Court that prohibited coercive actions until the tribunal was constituted. The apex court reiterated that it would not tolerate further delays, giving the West Bengal government two weeks to appoint judicial and technical members to the tribunal. The court’s decision serves as a wake-up call for the local authorities, urging them to prioritise the rule of law and the interests of justice. The ongoing construction violations not only contravene legal statutes but also undermine public trust in governmental institutions tasked with maintaining order and legality.
By streamlining the demolition process and ensuring the establishment of the Municipal Building Tribunal, the Supreme Court aims to safeguard the integrity of enemy properties and enforce compliance with the law. The directive also sheds light on the broader implications of property management in urban areas, where unauthorized constructions can lead to social and environmental degradation. while the demolition of these illegal constructions may disrupt some lives in the short term, it is essential for the long-term sustainability and legal framework of urban planning in Kolkata. Authorities are now under pressure to act decisively and transparently, ensuring that such violations do not occur in the future.
