Calcutta HC pauses demolition drive as Abhishek challenges rebel camp

TMC MP warns he will move the Supreme Court and "see this matter through to the very end"

Abhishek Banerjee addresses supporters in Kalighat, 17 July
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Kunal Chatterjee

Calcutta High Court on Sunday, 19 July ordered that no further demolition work be carried out at Trinamool Congress (TMC) MP Abhishek Banerjee's office in Amtala until further orders, providing temporary relief after a portion of the five-storey building was demolished by the South 24 Parganas administration for alleged illegal construction.

The order came following an urgent holiday hearing before Justice Raja Basu Chowdhury after Abhishek's company Leaps and Bounds challenged the demolition drive. The court directed that the property be maintained in its present condition, effectively halting the bulldozers that had resumed work earlier on Sunday.

The demolition began on Saturday after the district administration alleged that the building had been constructed without the necessary approvals. The office stands on land owned by Leaps and Bounds, where Banerjee is a director.

Appearing for the company, senior lawyer Kishore Datta argued that due process had not been followed. He told the court that though notices had been issued under Panchayat laws, "no notice was served on the building's owner" and instead was sent to one of the company's directors.

He further argued that the owners were given only seven days to respond to a hearing notice and were never supplied with either the original complaint or the demolition order.

Datta argued, "If the construction of my building is deemed illegal, I should first be given the opportunity to demolish it myself. That opportunity was not provided here. None of the legal procedures were followed; even basic human rights were violated."

Representing the state, advocate-general Surajit Nath Mitra defended the demolition, arguing that the building had "no approval whatsoever" and was "entirely illegal". He said permitting such structures to remain would encourage unauthorised construction.

The state maintained that notices had been issued on 30 June and 7 July and that the owners were fully aware of the proceedings. According to the administration, no representative from the company attended the hearing held on 15 July before demolition was ordered.

Justice Basu Chowdhury questioned whether the landowner had been properly informed of the South 24 Parganas zilla parishad proceedings and asked whether a copy of the demolition order had been served on the owners. After hearing both sides, the court directed that no further work should be undertaken at the site until further orders.

Counsel for the zilla parishad, Tapas Mondal, submitted that an inspection had found the building exceeded the approved height by 6.5 metres and that mandatory approval from the zilla parishad had never been obtained.

Meanwhile, the demolition operation itself sparked fresh controversy. Police, central forces, fire service personnel and district officials sealed off the building on Saturday before bulldozers demolished a large temporary structure at the entrance. Authorities later broke open the main building while officers removed furniture, computers, documents and other materials.

Banerjee accused the police of "looting" his office. He alleged that officers took away laptops, computers and important documents while BJP leader Abhijit Das, popularly known as Bobby, was brought to the site as a witness. "The administration could not even provide a copy of the complaint. Yet within two days, bulldozers had nearly razed the ground and first floors of the building," Banerjee claimed. 

He insisted the office had been built in accordance with approved plans and all legal requirements. "A party office is like a temple. That office was built on land that was legally purchased; we have all the necessary documentation. I will first submit these papers to the Calcutta High Court. If needed, I will move the Supreme Court. I will see this matter through to the very end," he said.

The Trinamool Congress also asked the high court to direct police to return items seized from the premises. However, the court declined to interfere with actions already taken by the police. 

Separately, Banerjee launched a political attack on dissident TMC leaders ahead of the party's 21 July Martyrs' Day programme. Responding to speculation that rebel leaders could return to the party, he declared, "If any of them return, I will resign within one hour. Mark my words — none of them will come back." 

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