Court holds that authorities failed to consider petitioner's detailed reply and did not provide reasonable time for rectification before ordering evacuation under West Bengal Fire Services Act
In a significant judgment dated September 16, 2026, the Calcutta High Court, presided over by Justice Krishna Rao, quashed an order directing the evacuation of the 6th and 7th floors of a building in Camac Street, Kolkata, occupied by the All India Trinamool Congress (AITC). The order, issued by the Director-in-Charge of the West Bengal Fire and Emergency Services on September 4, 2026, had declared the premises unsafe due to alleged non-compliance with fire safety measures under the West Bengal Fire Services Act, 1950.
The petitioner, AITC, challenged the evacuation order on grounds that the authorities had not considered their detailed reply submitted on September 3, 2026, which addressed all alleged violations including removal of unauthorized structures, clearance of LPG cylinders from the premises, and availability of fire safety equipment such as sprinklers and smoke detectors. The petitioner had also highlighted the lease deed clauses assigning maintenance responsibility of firefighting facilities to the lessor (the owner of the building), and expressed willingness to cooperate fully with authorities to ensure compliance with fire safety norms.
The Court noted that despite receipt of the petitioner's reply, no fresh inspection was conducted by the fire authorities, nor was the petitioner given any additional time to rectify the alleged shortcomings. Furthermore, the impugned order was communicated only to the owner and not to the petitioner, whose rights were directly affected. The Court held that issuing an administrative order without addressing the reply or providing reasons constituted a denial of natural justice.
The Court analyzed the statutory provisions and found that the appeal mechanisms under Sections 11-I and 38 of the West Bengal Fire Services Act did not apply to the impugned order passed under Section 37A. Hence, the writ petition was maintainable.
Emphasizing administrative fairness, the Court directed the fire authorities to reconsider the petitioner's reply, conduct a fresh inspection after due notice, and communicate any further deficiencies to the petitioner with reasonable time for compliance. Only if the petitioner fails to remedy the fire safety issues within the stipulated time can the authorities initiate further legal action.
This judgment reiterates the importance of procedural fairness in regulatory enforcement and clarifies the responsibilities of occupiers and owners under fire safety laws. It also underlines the necessity of balancing public safety concerns with the rights of affected parties by affording them an opportunity to comply before drastic measures like evacuation are enforced.
Bottom Line:
The impugned order directing evacuation of premises due to non-compliance of fire safety measures was set aside. The authority must reconsider the reply submitted by the petitioner, inspect the premises, and provide time to rectify shortcomings if necessary. Any action must comply with legal procedures.
Statutory provision(s):
West Bengal Fire Services Act, 1950 Sections 11C, 11-I, 37A, 38; West Bengal Fire Services (Fire Prevention and Fire Safety) Rules, 2003 Rule 24
All India Trinamool Congress v. State of West Bengal, (Calcutta) : Law Finder Doc Id # 2979807
