Kolkata, June 21 -- The Calcutta High Court has refused to interfere with the Kolkata Municipal Corporation's (KMC) bifurcation of a north Kolkata property, holding that tenants cannot challenge such a move when it arises from changes in ownership of the premises.

Justice Raja Basu Chowdhury passed the order while hearing a petition filed by occupants claiming tenancy rights in a portion of a building at Uma Kanta Sen Lane. The petitioners had sought cancellation of the bifurcation of the original premises, which had been divided into two separate municipal holdings.

The petitioners claimed they had been residing in the premises as tenants since 1985 and contended that the municipal authorities should revoke the bifurcation.

They also pointed out that an eviction suit filed against them was dismissed by a trial court, while an appeal against that decision had also failed. A second appeal is presently pending before the High Court.

A report submitted by KMC revealed that the original premises was recorded as a four-storey dwelling house until 1989-90. From 1990-91, a portion of the property was separated and renumbered as a new municipal holding, while the remaining portion was assigned another number.

During the hearing, the owners of the two holdings placed documents before the court regarding their respective ownership claims. The court also took note of a probate granted in respect of one portion of the property.

Observing that the petitioners did not claim any ownership rights in either of the premises, the court held that they could not resist the bifurcation merely because ownership of the property had changed.

"The right of the petitioners, if any, is in relation to their tenancy rights," the court noted, adding that such rights could not be conveniently adjudicated in writ jurisdiction.

The court also declined a plea to direct KMC to record the petitioners as occupiers of the premises. It observed that an eviction-related dispute was still pending.

However, the court clarified that if the petitioners ultimately succeed before a competent civil court and obtain a declaration recognising any right, including occupancy rights, the municipal authorities would be obliged to act based

on such declaration.

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