Calcutta High Court Grants Interim Relief Against Eviction To Families Living Under Flyover, Records State's Assurance Of Rehabilitation

In granting relief to nearly 300 families living under Hastings Bridge, the Calcutta High Court has recorded the State Government's undertaking that no eviction will take place unless proper rehabilitation is arranged.

The Court also granted Muktokantha Mahila Samity (MKMS) the liberty to seek an urgent hearing if there is any future threat of forced removal or breach of the State's assurance.

The Public Interest litigation arose after a sudden eviction drive was launched in August 2025 against families residing under Hastings No. 1 Mali Gate, Munshi Premchand Sarani, near Syed Baba Mazar — a settlement that has existed for nearly six decades.

On 19 August 2025, residents were abruptly ordered by officers from Hastings Police Station to vacate within three days, followed by further warnings from the Kolkata Municipal Corporation (KMC). On 21 August, residents were told that a police van would arrive on 23 August to forcibly remove them and send men and women to separate shelters.

In response, MKMS, a registered collective of homeless working-class women, mobilised the community, engaged legal support, and approached the Calcutta High Court.

Appearing for the petitioners, Advocate Purbayan Chakraborty argued that no eviction can take place without ensuring adequate and dignified shelter for those being displaced. He emphasized that while residents may or may not possess civil or proprietary rights over the land, they are nonetheless entitled to procedural safeguards under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and more importantly, the right to shelter as part of the right to life under Article 21 of the Constitution of India, which the State is constitutionally bound to protect.

He highlighted the serious dangers of eviction during the monsoon season. Such action could lead to disease, malnutrition, and even death for vulnerable groups like women, children, and the elderly. Placing reliance on a letter by Ms. Anuradha Talwar, member of the State Level Monitoring Committee for Shelter for Urban Homeless, he submitted that the shelter infrastructure in the KMC area is critically inadequate.

He argued that Kolkata, with an estimated population of 1.55 crore (2024), should have at least 156 shelters under central guidelines, yet as of January 2024, only eight are functional, with a total capacity of just 865. Even the 2018 survey, which severely undercounted the homeless at 7,272, had projected the need for 73 shelters. This shortfall, he contended, is both grossly inadequate and alarming.

The State Government, through its counsel, submitted before the Court that eviction would only occur after rehabilitation measures are in place. The Court recorded this assurance and left open the door for the petitioners to approach the Court again on an urgent basis should there be any renewed threat of eviction.

The Division Bench of Justice Sujoy Paul and Justice Smita Das De directed the State and KMC to file their affidavit-in-opposition within three weeks and posted the matter for further hearing thereafter.

Cause Title: Muktokantha Mahila Samity v. State of West Bengal & Others

Case No: WPA(P)/381/2025

Advocates for the Petitioner: Adv. Purbayan Chakraborty, Adv. Deeptangshu Kar

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