1. Introduction
   Kolkata, the “City of Joy,” is witnessing a disturbing trend—buildings tilting dangerously, raising serious concerns about structural integrity, public safety, and legal accountability. Recent incidents in Tangra, Lake Town, and Vidyasagar Colony have exposed deep-rooted flaws in urban construction, leaving residents in fear and highlighting the urgent need for intervention.

The question remains: Are these tilted buildings just isolated cases, or do they signal an urban disaster in the making?

1. Recent Cases: When Buildings Lean, Lives Tremble

2.1. Christopher Road, Tangra: Two adjacent buildings tilted dangerously due to suspected foundation failure and excavation issues. The Kolkata Municipal Corporation (KMC) ordered one building’s demolition, while assessing the stability of the other. Dozens of residents were forced to evacuate.

2.2. Dakshindari, Lake Town : A five-storey residential building started leaning toward a neighbouring four-storey structure. Investigators suspected poor soil testing and unauthorized construction as the cause.

2.3. Vidyasagar Colony: A building-lifting attempt went horribly wrong, causing an entire structure to tilt dangerously. Residents had to be evacuated immediately.

These incidents expose a pattern of negligence, weak enforcement of building laws, and a failure to prioritize public safety.

1. Why Are Buildings Tilting? Engineering & Legal Failures

The root causes of tilted buildings can be categorized into technical, legal, and social failures:

• 1. Engineering Failures

1. Weak Soil Conditions: Kolkata’s soft alluvial soil is highly unstable, especially in areas with high groundwater levels. Without proper geotechnical analysis, buildings remain vulnerable to differential settlement and tilting.
2. Faulty Foundation Designs: Many builders compromise on deep piling where it is needed. Shallow foundations are chosen to cut costs, even in areas requiring pile foundations due to soil instability.
3. Poor Construction Practices: Unregulated use of substandard materials, deviations from approved plans, and illegal modifications (such as adding extra floors) often disrupt the balance of the structure, leading to tilting.
4. Excavation and Adjacent Construction: The rush for high-rise buildings often results in deep excavations without proper shoring, weakening adjacent structures.
5. Seismic Vulnerability: Kolkata falls under Seismic Zone III, meaning it is moderately earthquake-prone. Many older buildings lack proper seismic retrofitting, making them vulnerable to tilting and collapse even under minor tremors.
   1. Legal Failures & Accountability
6. Violation of Building Laws: The West Bengal Municipal Corporation Act, 2006, and the Kolkata Municipal Corporation Building Rules, 2009, set strict guidelines for structural stability. However, illegal constructions continue unabated.
7. Weak Enforcement by Authorities:

(a) Section 411 of the KMC Act, 1980, empowers KMC to demolish unsafe structures, but enforcement remains weak. Despite this provision, the Municipal Corporation often faces challenges in implementing demolition orders due to various factors such as bureaucratic delays, resource constraints, and political pressures.

(b) Section 412A of the KMC Act, 1980 allows the KMC to declare a building as condemned and order its demolition if it poses a serious threat to public safety. Despite this power, weak enforcement mechanisms, including delays in taking action and the absence of strict penalties for non-compliance, hinder effective implementation, leaving many dangerous buildings untouched.

(c) Section 143 of the KMC Building Rules, 2009 mandates periodic inspections of buildings older than 40 years. However, many buildings are never inspected due to corruption, lack of resources, and insufficient administrative oversight. As a result, unsafe buildings continue to pose risks to public safety.

(d) Section 401A of the KMC Act, 1980 deals with the construction of buildings that are dangerous to people or property, including the construction of additional floors that violate the Act. This provision gives the KMC the authority to take action against these unsafe constructions. However, the lack of rigorous enforcement and timely action by the authorities allows many such unsafe structures to continue existing, putting the public at risk.

1. Liability of Builders and Developers:

(a) Under Section 106 of the Bhartiya Nyay Sanhita, 2023, a builder can be held criminally liable for negligence leading to deaths from structural collapses.

(b) The Consumer Protection Act, 2019, allows residents to sue builders for defective construction.

1. Residents’ Legal Rights:

(a) Residents can file Public Interest Litigations (PILs) in the Hon’ble Calcutta High Court against unauthorized and unsafe buildings.

(b) Under the Real Estate (Regulation and Development) Act, 2016 (RERA), homebuyers can demand compensation for poor construction quality.

1. The Hidden Dangers: What’s at Stake?

4.1 Structural Collapse: Tilted buildings are at high risk of sudden collapse, endangering lives and causing legal disputes.

4.2 Social and Economic Impact:

1. Displacement of residents leads to financial hardships, as people are forced to leave their homes.
2. Many low-income families have no alternative housing.

4.3 Legal & Criminal Implications:

1. Municipal authorities, builders, and engineers could face criminal cases under 125 Bharatiya Nyaya Sanhita, 2023 for acts endangering life or personal safety of others.
2. Victims can file lawsuits for compensation, but legal processes are slow and expensive.
3. What Needs to Be Done? A Legal & Engineering Solution

5.1 Strict Enforcement of Building Codes: KMC must impose heavy penalties on violators and conduct regular safety audits.

5.2. Legal Reforms for Accountability:

• 1. Builders should face criminal prosecution for unsafe constructions.
  2. Residents should be compensated under RERA and consumer protection laws.

5.3 Stronger Role for Mediators: Instead of long legal battles, builders, government officials, and residents should resolve disputes through structured mediation, ensuring swift safety measures.

5.4 Public Awareness Campaigns: People must be educated on their legal rights, ensuring they report unsafe buildings before it’s too late.

1. Lack of SOP with KMC

A significant issue that exacerbates the situation is the lack of a clear Standard Operating Procedure (SOP) within KMC for dealing with illegal construction and violations. Inconsistent enforcement of building laws and delays in addressing complaints have allowed violators to bypass regulations with little consequence. The introduction of an SOP is crucial to ensure that there are clear, enforceable processes for dealing with non-compliance, including measures such as ex-parte decisions if a promoter skips hearings. The SOP must also provide clear guidelines for inspectors, reducing the scope for bureaucratic delays and ensuring that action is taken swiftly and effectively.

1. Conclusion: A Call for Structural Integrity & Legal Reforms

The recent cases of tilted buildings in Kolkata should serve as a wake-up call for both the government and the engineering community. Without strict enforcement of safety standards, proper soil testing, and responsible construction, the city risks witnessing a catastrophic structural disaster.

Legally, Kolkata needs stronger enforcement of building laws, criminal accountability for negligent builders, and strict action against municipal negligence. If authorities fail to act, the judiciary must step in through PILs and legal interventions.

Kolkata’s skyline is growing, but so must its commitment to safety. The time to act is NOW before another leaning structure turns into a collapsed tragedy.

Structural integrity is not just about buildings-it’s about people’s lives, rights, and dignity.

Final Thought: Let’s Build a Safer Kolkata Together

If you are a resident of Kolkata, be vigilant. If you see cracks, tilting, or construction defects, report them immediately. Seek legal help, demand accountability, and ensure safety for all.

Let’s build a stronger, safer, and just Kolkata!