Kolkata Municipal Corporation's Notice and MP Abhishek Banerjee's Response

Kolkata Municipal Corporation’s Notice and MP Abhishek Banerjee’s Reaction

The Kolkata Municipal Corporation (KMC) has issued a notice to the residence of Abhishek Banerjee—the All India General Secretary of the Trinamool Congress and Member of Parliament for Diamond Harbour. According to media reports, the notice directs that the "unauthorized portions" of the properties located at 188A Harish Mukherjee Road and 121 Kalighat Road be demolished within seven days.

According to the Corporation, certain sections of the properties in question were constructed in deviation from the approved building plans. The notice explicitly states that if the property owner fails to take the initiative to demolish the unauthorized structures within the stipulated seven-day timeframe, the Corporation will proceed to demolish those sections using its own resources. Such notices are typically issued by the Building Department under the relevant sections of the Kolkata Municipal Corporation Act, 1980. If a construction project fails to align with the Corporation's approved plan—or involves unauthorized additions—the Building Department first issues a "show-cause" notice, followed by a demolition notice where deemed necessary.

Upon receiving the notice, Abhishek Banerjee held a press conference on Tuesday from his residence in Kalighat. He stated, "They have sent a notice to my home. Such tactics will not make me bow down. I will continue my fight against the BJP." In his statement, he acknowledged receipt of the notice and linked the incident to the prevailing political context.

**Context and Procedure**

The Kolkata Municipal Corporation regularly identifies and takes action against unauthorized constructions across various parts of the city. Typically, municipal engineers conduct on-site inspections—either in response to specific complaints or as part of routine surveillance. If unauthorized construction is detected, a "Stop Work" notice is first issued under Section 400(1) of the KMC Act. Subsequently—after providing an opportunity for a hearing—a demolition order is issued under Section 400(8). The property owner retains the right to file an appeal with the Municipal Building Tribunal. If no appeal is filed, or if an appeal is dismissed, the Corporation proceeds with the demolition work, and the associated costs are subsequently recovered from the property owner.

**Positions of the Two Parties**

**The Corporation's Position:** The properties located at the addresses specified in the notice contain constructions that deviate from the approved plans. In accordance with the regulations, a period of seven days has been granted to the owner to voluntarily demolish these structures.  Otherwise, the Municipal Corporation will take action.

Abhishek Banerjee's Stance: Acknowledging receipt of the notice, he stated that such measures would not cause him to waver from his political stance, and he would continue his fight against the BJP.

What Could Be the Next Steps?

The property owner may respond to the notice within 7 days and attempt to prove the legality of the structure by submitting the necessary documents.

They may voluntarily demolish the unauthorized portion themselves and inform the Municipal Corporation.

They may seek legal recourse by approaching the Municipal Tribunal or the Calcutta High Court. If a stay order is granted, the demolition work will be halted until the next hearing.

If no action is taken by the owner, the Municipal Corporation may proceed with the demolition work with police assistance.

The Legal Perspective

In India, matters related to buildings are governed entirely by the relevant municipal laws and building rules. In the case of Kolkata, the KMC Building Rules, 2009, are applicable. Construction is deemed "illegal" if it fails to adhere to the approved Floor Area Ratio (FAR), ground coverage, or setback norms. However, in many instances, there exists an opportunity for "regularization"—provided the structure falls within the scope of the building rules and the prescribed fees are duly paid. If the construction lies outside the purview of these rules, demolition remains the only alternative.

Public Reaction

This incident has sparked intense discussion within political circles. The ruling party has termed the move "politically motivated," while the opposition has remarked that "the law is equal for everyone."

 At the administrative level, the Municipal Corporation has stated that it is merely acting in strict accordance with the rules. The matter is currently at the notice stage. The subsequent course of events will depend on the actions taken by the Municipal Corporation and the property owner once the 7-day deadline expires.

Reported by Sanchita chatterjee.