Court Orders Joint Inspection and Supervised Entry Following Fire Incident at Mirza Ghalib Street, Calls for Timely Consideration of Occupiers' Representation on Premises' Seal Removal
In a significant ruling on November 2, 2026, the Calcutta High Court, presided over by Justice Arjun Ray Mukherjee, addressed issues arising from a fire incident that occurred on August 19, 2026, at premises No. 15G, Mirza Ghalib Street, Kolkata. The fire led to the vacating and sealing of the premises under the authority of the West Bengal Fire Services Act, 1950.
The Divisional Fire Officer-in-Charge of South Kolkata Division, exercising powers under Section 37A(1) of the Act, ordered the occupants to vacate the premises within one hour of the order's service on the day of the fire. Subsequently, the petitioners, including Ayush Kumar Murarka and More Retail Pvt. Ltd., challenged this order through writ petitions, seeking relief and access to their personal belongings and essential documents.
During the hearing, the Court acknowledged the hardship faced by the occupiers in accessing their essential papers and valuables locked within the premises. Consequently, the Court directed a joint inspection and limited access arrangement from November 5 to November 7, 2026. The occupants are permitted to enter the premises between 10 a.m. and 3 p.m. under strict supervision by the Officer-in-Charge of New Market Police Station and a responsible official of the West Bengal Fire Department. This supervised entry aims to balance safety concerns with the occupiers' rights to retrieve necessary items.
Furthermore, the Court addressed the procedural lapse concerning the occupiers' representation dated August 27, 2026, which had not been considered by the Divisional Fire Officer. Section 37A(4) of the West Bengal Fire Services Act mandates that the seal placed on premises following a fire cannot be removed except under a written order from the Director or a superior authority, either suo motu or upon an application by the owner or occupier.
The Court directed the competent authority to expeditiously consider the pending representation, providing an opportunity for a hearing to the petitioners, other occupants, owners, or interested parties. The authority is required to pass a reasoned order within three weeks, ensuring adherence to the principles of natural justice and statutory requirements.
This judgment highlights the Court's balanced approach in safeguarding public safety through fire regulations while protecting the legal rights of affected individuals and businesses to access their personal property. It also underscores the procedural obligation of authorities to act promptly and transparently when representations are made under the statute.
The writ petitions filed by the petitioners were disposed of following these directions.
Bottom Line:
West Bengal Fire Services Act, 1950 - After evacuation of premises pursuant to fire incident and order under Section 37A(1), occupants can be permitted under Court's supervision to enter premises for limited purpose of collecting personal belongings and essential documents in presence of police and fire authorities - Representation made by occupiers for further relief/removal of seal is required to be considered by competent authority under Section 37A(4) by granting hearing and passing reasoned order.
Statutory provision(s):
West Bengal Fire Services Act, 1950 Section 37A(1), Section 37A(4)
Ayush Kumar Murarka v. State of West Bengal, (Calcutta) : Law Finder Doc Id # 3008919
