The Calcutta High Court on Thursday declined to grant immediate relief against the demolition of a factory in the Tiljala area, where a tragic fire recently claimed two lives. The court’s refusal comes in response to an urgent mentioning made by lawyers challenging what they termed as "illegal bulldozer action" following orders from Leader of Opposition (LoP) Suvendu Adhikari.
A Division Bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen heard the mentioning but maintained that no interim orders could be passed without a formal petition being on record.
The controversy stems from a massive fire that broke out at a leather goods manufacturing unit in Tiljala earlier this week. The incident resulted in the deaths of two individuals and raised serious concerns regarding industrial safety in residential zones.
Following a visit to the site, Suvendu Adhikari reportedly stated that the factory was operating illegally without any approved building plans or basic fire safety clearances. He indicated that a probe committee had recommended the demolition of the structure to prevent further hazards.
During the urgent mentioning, the petitioner’s counsel alleged that the demolition drive was being carried out arbitrarily. The lawyer claimed that several homes and portions of buildings were being brought down using bulldozers without providing any prior legal notice to the occupants.
The counsel urged the court to stay the demolition process immediately, arguing that "bulldozer justice" has no place in a democratic setup and that due process of law must be followed even if a structure is deemed illegal.
The Bench, however, was not inclined to pass an oral stay order based solely on a mentioning. Chief Justice Sujoy Paul advised the lawyers to follow the standard judicial procedure.
"We cannot give urgent relief. First file [the petition] and then come," the Chief Justice remarked, emphasizing that the court needs to examine the formal pleadings and the legal standing of the demolition orders before intervening.
The term "Bulldozer Justice" has become a sensitive legal and political topic in India. While administrative authorities often cite the removal of illegal encroachments as the reason for such actions, legal experts and various courts have frequently reminded the state that "due process" including the right to a notice and a hearing is a fundamental requirement before any property is destroyed.
In this case, the state authorities and the LoP have maintained that the Tiljala unit was a "death trap" operating in total violation of safety norms. On the other hand, the affected residents claim that the sudden demolition has left families without shelter, bypassing the judicial system entirely.
The matter is expected to be heard again once a formal writ petition is filed by the aggrieved parties.