Civil suit cannot block repair of unsafe building: Cal HC
Kolkata: The Calcutta High Court has held that safety-related directions issued by civic authorities for a dilapidated building cannot be stalled by a civil property dispute, and upheld the lifting of a status quo order that had stopped reconstruction of an unsafe structure.
The division bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya observed that a status quo order obtained in a declaratory civil suit could not continue once it emerged that the Kolkata Municipal Corporation (KMC) had already passed a statutory order declaring the building to be in a dangerous condition and directing reconstruction under municipal law.
The suit was filed seeking declaration of a share in the property and challenging certain transfer deeds between co-owners. At the initial stage, the trial court had granted an ad interim order directing the parties to maintain status quo over possession and the nature and character of the property.
The High Court noted that the KMC had earlier inspected the building and found it to be dilapidated and precarious, recording that it could collapse at any time. The municipal order required submission of documents for sanction of a reconstruction plan and completion of construction within the stipulated period.
The bench recorded that this municipal order was not disclosed when the interim injunction was sought, holding that such non-disclosure amounted to suppression of material facts and was a valid ground for vacating the injunction.
The court emphasised the risk to life and limb of occupants, neighbours and passers-by if the municipal order was not carried out. It observed that continuation of the status quo order would effectively prevent compliance with urgent safety measures mandated by law.
The High Court clarified that disputes over ownership or shares in the property cannot override public safety considerations. The court also made clear that it was not deciding the merits of the ownership claims and that the final hearing of the civil suit would remain unaffected.
The court permitted the parties to jointly apply for sanction of a building plan in terms of the KMC order within a fortnight. If no joint application is made, the respondents were allowed to apply independently. The civic body was directed to process the application expeditiously.
The court also clarified that no party would gain any special rights or equity merely by undertaking construction, and that joint rights over the property would be decided separately in the pending suit.
