Kolkata, May 17 -- The Calcutta High Court has stayed an evacuation order issued by the West Bengal Fire and Emergency Services directing occupants of an apartment building on Diamond Harbour Road in Kolkata to vacate the premises over alleged fire safety lapses.

Justice Saugata Bhattacharyya passed the interim order while hearing a writ petition filed by Foryour Resque Private Limited and another petitioner challenging the directive issued by the Director General of West Bengal Fire and Emergency Services.

The dispute relates to a property located at 8/1, Diamond Harbour Road, Kolkata-700027. According to the petitioners, an inspection of the premises was carried out on May 15, following which the authorities issued an order on the same day directing occupants to vacate the building by May 16.

Senior advocate Kishore Dutta, appearing for the petitioners, argued that the authorities had acted in undue haste and failed to properly justify the drastic step of evacuation. The petitioners relied on Section 37A(1) of the West Bengal Fire Services Act, 1950, which empowers authorities to order the immediate evacuation of a high-risk building if inadequate fire prevention and safety measures pose imminent danger to persons or property.

The petitioners contended that the law requires the authorities to record their satisfaction before exercising such powers, but the impugned order did not disclose the materials or reasons on the basis of which the authorities concluded that there was imminent danger.

The court observed prima facie that the respondent authority was required to record satisfaction before directing the occupants to vacate the premises. The court further noted that while the impugned order stated that inbuilt fire safety installations were not found at the premises, the materials available before the authorities while issuing the direction would require further consideration.

The court also noted submissions that one of the petitioners had been occupying the apartment for a long period and that the property had been gifted through a registered gift deed in 2008.

Observing that it wished to hear the respondents before taking a final view, the court stayed the evacuation order till June 30 or until further orders, whichever is earlier. The matter is scheduled to come up before the regular bench on June 8 under the heading "Urgent Motion".

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