Kolkata, July 16 -- The Calcutta High Court has ruled that a doctor occupying a shop beneath Bijon Setu cannot be evicted without due process of law, while making it clear that the state and civic authorities remain free to take lawful measures to protect the bridge and ensure public safety.

The order came on a petition filed by Dr Haridas Das Adhikari, who challenged a public notice issued on June 27 alleging threat of eviction from Shop No. S-19 beneath Bijon Setu in Kasba amid the government's drive to clear spaces under bridges and flyovers.

The petitioner contended that the shop had been allotted to him by the then Kolkata Improvement Trust (KIT) in 1990 and produced allotment-related documents, receipts and records showing payment of occupation charges.

The Kolkata Metropolitan Development Authority (KMDA), which took over the assets of the erstwhile KIT, stated that although the original allotment file could not be traced, records showed the petitioner had deposited occupation charges up to July 2025. It also acknowledged that he appeared to be among several persons granted ad hoc permissive possession of shops beneath Bijon Setu during the 1980s and 1990s, though no formal lease or licence agreement had ever been executed.

Pursuant to the court's earlier direction, the Kolkata Municipal Corporation (KMC) carried out an inspection and submitted a report, along with photographs, identifying the occupants of the shops beneath the bridge, including the petitioner.

Justice Raja Basu Chowdhury observed that the petitioner had, at least prima facie, established his entitlement to remain in permissive occupation of Shop No. S-19, a claim supported by KMDA's affidavit and KMC's inspection report. The court held that his possession could not be disturbed without following due process of law.

The court, however, clarified that the order would not stand in the way of the state or the municipality discharging their statutory obligations, including taking appropriate steps in accordance with law to secure the superstructure of Bijon Setu.

Stressing that the relief was confined only to the petitioner and did not extend to other occupants, the court disposed of the writ petition after permitting him to inspect the reports filed by the authorities.

Published by HT Digital Content Services with permission from Millennium Post.