No immediate fire threat: High Court bars move to vacate Abhishek Banerjee office

The Calcutta High Court on Friday barred authorities from taking action on a Fire and Emergency Services Department notice directing the vacation of portions of the Trinamool Congress office on Camac Street in Kolkata, where party national general secretary Abhishek Banerjee has his office.

The court observed that although the building’s fire safety certificate had expired, there was “no immediate threat” and the occupants were willing to undertake the required compliance measures.

Justice Krishna Rao, hearing the TMC’s petition challenging the fire department’s action, directed the authorities not to proceed with the September 4 vacation notice. The matter will be heard next on September 16.

Senior Advocate Kishore Dutta, appearing for the TMC, told the court that the party was prepared to comply with the fire department’s directions and carry out the necessary safety measures. He, however, argued that under the lease agreement, responsibility for fire safety compliance rested with the owner of the premises.

The state government, represented by Advocate General Surajit Nath Mitra, submitted that the fire department had detected deficiencies during its inspection and that the building’s fire safety compliance certificate had expired without renewal.

The department had consequently directed occupants to vacate the affected areas until the prescribed measures were implemented and a valid renewal certificate was obtained.

The fire department’s inspection had flagged several issues, including an unauthorised structure on the roof and the presence of gas cylinders on the seventh floor.

The cylinders have since been removed. While the applicable regulations could warrant declaring the entire building hazardous, the department restricted its action to the sixth and seventh floors.

The department’s orders followed a hearing on the alleged violations. While representatives of the occupant appeared and submitted the lease deed, the owner reportedly did not attend the hearing despite being served notice.

The fire department had also maintained that the ultimate responsibility for obtaining the required fire safety certificate lay with the owner under the West Bengal Fire Services Act.

The lease itself became a significant point of contention during Thursday’s proceedings. The TMC said it was the lessee of the sixth and seventh floors at 9, Camac Street, with the agreement having been due to expire on August 25.

A separate civil dispute over the lease is pending, with an order maintaining status quo.WHAT HAPPENED IN COURT?

Counsel for the building owner, Senior Advocate Soumya Majumdar, opposed the TMC’s plea and submitted that the lease had already been terminated. He also maintained that fire safety compliance was the responsibility of the occupier.

The court questioned this position, pointing to an apparent contradiction between the state’s submissions and those of the private respondents.

Justice Rao asked how responsibility for compliance could be placed on the occupier when the owners themselves claimed that the lease had been terminated. The court also noted that no notice appeared to have been issued to the TMC alleging a breach of the lease terms.

The State Advocate General submitted, "This is an administrative decision and requires no explanation."

The owner’s counsel, Soumya Majumdar, submitted, "The agreement with the Trinamool Congress has been terminated".

The court, however, indicated that the occupants could be given an opportunity to address the deficiencies before being directed to vacate. "Can't you give another opportunity to comply within a certain date... if he has already appeared, whether it is proper on the authorities to not give time to comply, before ordering vacating," Justice Rao observed.

The court further remarked, "It is not an immediate risk, you can give a time for compliance".TMC OFFICE IN POLITICAL CROSSFIRE

The latest proceedings come amid a broader political and legal confrontation surrounding the Camac Street office.

The TMC has alleged political vendetta following earlier action involving civic officials and police at the premises, while Abhishek Banerjee has accused authorities of targeting the party.

The fire department’s action, however, is specifically linked to fire safety compliance.

With the interim restraint now in place, the authorities cannot act on the September 4 vacation notice for the time being.

The High Court will take up the matter again on September 16, when the competing claims over fire safety responsibilities, the premises and the lease dispute are likely to be examined further.- EndsPublished By: Vivek Published On: Sep 11, 2026 16:06 IST