Calcutta High Court Grants Interim Relief Against Eviction Under Hastings Flyover Area

In Muktokantha Mahila Samity v. State of West Bengal & Ors., the Calcutta High Court granted interim protection to nearly 300 families residing under the Hastings Flyover, recording the State’s assurance that no eviction would occur without proper rehabilitation. The Public Interest Litigation arose after sudden eviction orders were issued in August 2025, threatening to forcibly displace residents. Petitioners argued that eviction without adequate shelter violated procedural safeguards under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and the constitutional right to life under Article 21. The Court recognized the insufficiency of existing shelter infrastructure and the potential dangers of forced eviction during monsoon season, emphasizing risks to vulnerable groups, including women, children, and the elderly. The Court directed the State to submit an affidavit outlining rehabilitation measures and allowed petitioners to seek urgent hearings if threatened. This decision highlighted the necessity of balancing urban development with human rights and procedural fairness, stressing rehabilitation before displacement and the protection of citizens’ basic rights under constitutional and statutory law.