The Calcutta High Court has extended interim relief to nearly 300 families residing under Hastings Bridge, recording the State Government’s assurance that no eviction will be carried out without ensuring proper rehabilitation. The Division Bench, comprising Justice Sujoy Paul and Justice Smita Das, also granted Muktokantha Mahila Samity (MKMS) the liberty to seek an urgent hearing in case of any future threat of forced removal or breach of the State’s undertaking.
The case arose after a sudden eviction drive in August 2025 targeted residents living under the bridge, a settlement that had existed for nearly six decades. On 19 August, police officers reportedly directed residents to vacate within three days, followed by warnings from the Kolkata Municipal Corporation (KMC). Notices indicated that a police van would forcibly remove families and send men and women to separate shelters on 23 August. In response, MKMS, a registered collective advocating for homeless working-class women, mobilised the community, engaged legal counsel, and approached the High Court.
Advocate Purbayan Chakraborty, appearing for the petitioners, highlighted that eviction without rehabilitation violates the procedural safeguards under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and infringes upon the right to shelter under Article 21 of the Constitution. He further emphasised that sudden removal during the monsoon season could expose vulnerable residents, including women, children, and the elderly, to disease, malnutrition, and even death. Drawing attention to infrastructure deficiencies, he noted that Kolkata, with a population exceeding 1.55 crore, had only eight functional shelters with a total capacity of 865, far below the required number under central guidelines.
The Court took note of these submissions and the State’s response, recording that eviction would only occur once rehabilitation measures are in place. The Bench observed, “As desired by the higher authority, vagabonds from following locations in KMC area have to be removed and rehabilitated in the nearest urban shelter (Shelter for Urban Homeless (SUH) for ensuring public safety and simultaneously providing support to vulnerable individuals. The joint anti-encroachment drives for removal of the vagabonds will be carried out thrice a month i.e., on the 3rd, 13th and 23rd day of each month at 12 noon at the following locations.” Reflecting this assurance, the Court noted that there was no immediate need for further interim orders but explicitly preserved the petitioners’ right to seek urgent intervention if eviction threats arise.
The Bench directed the State Government and KMC to file affidavits-in-opposition within three weeks, with any exceptions to be filed within two weeks thereafter. The Court also emphasised the necessity of balancing public safety and the rights of vulnerable populations, ensuring that rehabilitation precedes any displacement. This ruling reinforces the judiciary’s role in protecting the fundamental right to shelter while holding State authorities accountable for procedural compliance in eviction drives.
Case Title: Muktokantho Mahila Samity Vs. State Of West Bengal And Ors.
Case No: WPA(P)/381/2025
Coram: Justice Sujoy Paul, Justice Smita Das De
Advocate for Appellant: Advs. Purbayan Chakraborty, Deeptangshu Kar
Advocate for Respondent: Advs. Sumita Shaw, Soumen Chatterjee, Alak Kumar Ghosh, Gopal Chandra Das
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