The Calcutta High Court on Wednesday set aside a West Bengal Fire and Emergency Services Department order that had directed the immediate vacation of two floors of a Kolkata building housing the office of Trinamool Congress MP Abhishek Banerjee. The single-judge bench of Justice Krishna Rao ordered a fresh process, directing the department to issue a new notice to the party, reconsider its earlier reply, and conduct another inspection of the premises.
Background of the Fire Safety Notice
The dispute centres on the commercial building at 9 Camac Street (also referred to as Abanindranath Tagore Sarani) in an upmarket area of south Kolkata. The sixth and seventh floors of the building house the office of Abhishek Banerjee, the Trinamool Congress national general secretary and Member of Parliament from Diamond Harbour. The original departmental order, issued on September 4, also covered the basement used for parking related to the office.
The Fire Services Department had declared the floors “unsafe from a fire and life-safety point of view.” It cited the expiry of the building’s fire safety certificate (around mid-August) and alleged non-compliance with safety norms. Officials noted that the building owner had not adequately responded to earlier communications, while tenants had appeared with documents. Issues flagged during inspection included inadequate fire safety arrangements, concerns over exits and systems, and the presence of LPG cylinders on one of the floors. The department ordered the floors and basement to be vacated “without any delay” and barred their use until compliance was achieved and a renewed certificate obtained.
The notice followed an earlier episode at the same premises involving the removal of a party billboard by Kolkata Municipal Corporation officials, which had led to tensions with party supporters. The subsequent fire safety scrutiny brought the matter into the legal domain.
Court Proceedings and Interim Relief
The Kalighat unit of the Trinamool Congress challenged the September 4 order in the Calcutta High Court. During hearings, the party’s counsel argued procedural aspects and noted that the floors had been taken on lease. The state side, represented by the Advocate General, highlighted specific safety shortcomings, including the storage of LPG cylinders and other deficiencies on the relevant floors.
On September 11, Justice Krishna Rao granted interim relief. The court directed the authorities to refrain from giving effect to the September 4 letter. It observed that while the fire safety certificate had expired, there was no immediate threat and that the occupants had expressed willingness to complete the necessary compliance measures. The final order was reserved for September 16.
The Final Order and Directions for Fresh Process
In its order on Wednesday, the High Court set aside the September 4 vacate directive. Justice Rao directed the Fire Services Department to issue a fresh notice specifically to the Trinamool Congress, recognising that the floors in question housed the party’s office. The department was instructed to reconsider the reply submitted by the party on September 3 and to carry out a fresh inspection after proper notice to the petitioner.
The court further clarified the sequence of future action. If the new inspection reveals shortcomings in fire safety measures on the two floors, the authorities are to inform the Trinamool Congress so that corrective steps can be taken. Should the party fail to implement the required measures even after such notice, the department would be at liberty to take appropriate action in accordance with law.
This approach prioritises due process—giving the actual occupant an opportunity to respond and rectify—while preserving the department’s authority to enforce safety standards if non-compliance continues.
Significance of the Ruling
The order balances two important considerations: the enforcement of fire safety norms in commercial and office buildings, and the requirement of fair procedure when orders have significant operational consequences. By setting aside the immediate vacate directive and mandating a fresh notice and inspection, the court ensured that the party occupying the floors receives a proper opportunity to address the concerns raised.
Fire safety certificates and compliance systems exist to protect life and property. Expiry of certificates and deficiencies in alarms, water supply, exits or storage of flammable materials are serious matters that regulatory authorities are entitled to examine. At the same time, an order requiring sudden vacation of an active political office carries practical and organisational implications. The High Court’s direction for a structured process—fresh notice, consideration of the existing reply, re-inspection, opportunity to correct, and only then further coercive steps—reflects an effort to uphold both safety and procedural fairness.
Broader Context of Building Safety Enforcement
The episode underscores the responsibilities of building owners and occupants in maintaining fire safety systems. In multi-tenant commercial buildings, ownership and lease arrangements can create ambiguities about who must renew certificates or rectify deficiencies. Clear communication and timely compliance by all stakeholders help avoid situations that escalate into legal disputes.
For political parties and public representatives maintaining offices in such buildings, the case also serves as a reminder of the need for continuous adherence to safety regulations. Regulatory actions that appear sudden often rest on earlier notices and inspections that may not have received adequate response. Courts examining such matters typically look at whether proper opportunity was given and whether the action taken was proportionate to the risk identified.
What Happens Next
Following the High Court order, the Fire Services Department is expected to issue a fresh notice to the Trinamool Congress and schedule a new inspection of the sixth and seventh floors. The party will have the opportunity to demonstrate compliance or undertake corrective measures if issues are identified. Only if shortcomings persist after that process would the department be positioned to take further steps under the law.
The interim protection already granted, combined with the final directions, means there is no immediate requirement to vacate the floors. The focus has shifted from abrupt evacuation to a regulated process of notice, inspection, response and, if needed, rectification.
Conclusion
The Calcutta High Court’s decision to set aside the September 4 vacate order and mandate a fresh, notice-based inspection brings procedural clarity to a dispute that had combined fire safety concerns with the practical functioning of a political office. By requiring the department to address the Trinamool Congress directly, reconsider its earlier reply, and re-examine the premises, the court has reinforced the principle that enforcement actions must follow a fair sequence.
Fire safety remains non-negotiable. The ruling does not diminish the importance of valid certificates, functional systems or safe practices. Instead, it ensures that the path to compliance—or, if necessary, further regulatory action—proceeds through transparent and reasoned steps. For the building at Camac Street, the next phase will be defined by the fresh notice, the subsequent inspection, and the response of the occupants to any deficiencies that may still exist.
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