Calcutta HC extends demolition stay on Abhishek Banerjee's Amtala office till August 6
Synopsis
Key Takeaways
The Calcutta High Court on Tuesday, 28 July extended the interim stay on the demolition of a party office linked to All India Trinamool Congress (TMC) General Secretary Abhishek Banerjee at Amtala in South 24 Parganas district, West Bengal, until 6 August. The order was passed by a single-judge bench of Justice Suvar Ghosh, who will hear the consolidated matter again on the next date and is expected to deliver a final ruling then.
Background: How the Case Reached Court
Demolition activity was carried out at the site on 18 July and the morning of 19 July. The building in question is registered in the name of Leaps & Bounds Private Limited, a corporate entity linked to Abhishek Banerjee — nephew of TMC supremo and former West Bengal Chief Minister Mamata Banerjee — and other family members.
On 19 July, a Sunday, the matter was placed before a special bench of Justice Raja Basu Chowdhury, who issued an emergency interim stay on further demolition pending a hearing before a regular bench. The case subsequently came up before Justice Ghosh's bench on Tuesday.
What the State Government Argued
Advocate General Surajit Nath Mitra, appearing for the state government, contended that the demolition petition pertains to construction on land plot numbers 509 and 512, whereas the actual demolition was carried out on plot 507. On that basis, he urged the court to withdraw the previous interim stay, arguing it had been obtained on a factually incorrect premise.
Leaps & Bounds' Counter-Argument
Senior counsel Kishor Datta — himself a former Advocate General of West Bengal — argued on behalf of Leaps & Bounds Private Limited that the demolition was executed without serving any prior notice to his client. 'It was demolished without giving any opportunity for my client to present his part of the argument. Even if there was illegal construction, the landowner should have been given time to demolish it first. If he had not demolished it, then the authorities could have taken action. In this case, that did not happen,' Datta said.
Court's Observations and Next Steps
Justice Ghosh noted that three separate applications have been filed in connection with the matter and that they need to be heard together for a holistic adjudication. Accordingly, the hearing was adjourned, the interim stay on demolition was extended until 6 August, and a consolidated hearing of all three applications is scheduled for that date.
The case is being closely watched given Abhishek Banerjee's stature as the second-most powerful figure in the TMC and the broader political sensitivity of demolition actions targeting opposition-linked or ruling-party properties in West Bengal ahead of the state's electoral cycle.