What Did Calcutta HC Direct KMC Regarding Rooftop Eateries?

Synopsis
Key Takeaways
- Calcutta High Court mandates KMC to verify licenses.
- Rooftop eateries must remain closed until further notice.
- Recent fire incident raised serious public safety concerns.
- Owners will have a chance to be heard before any demolition.
- Strict vigilance required from local police on these properties.
Kolkata, May 6 (NationPress) A single-judge bench of the Calcutta High Court instructed the Kolkata Municipal Corporation (KMC) to perform a fresh verification of the pertinent license documents for three rooftop bars-cum-restaurants in Kolkata, against which the corporation has issued a demolition order within two weeks.
Last week, the KMC mandated the immediate closure of rooftop eateries throughout the city following a catastrophic fire at a hotel on Madan Mohan Burman Street in central Kolkata, which erupted on the night of April 29, resulting in the tragic deaths of 15 individuals.
The proprietors of the three rooftop bars-cum-restaurants—Akshit Agarwal of Drunken Teddy, Ramesh Kumar Agarwal of Romania, and Ankit Madhogoria of Scrapyard—alongside the National Restaurant Association of India, approached the single-judge bench of Justice Gaurang Kanth at the Calcutta High Court to contest the demolition order concerning their rooftop operations.
In conjunction with this, Justice Kanth also instructed the owners of the three establishments to suspend their rooftop activities until further notice.
“Only if the KMC concludes, based on both subjective and objective assessments, that there is a grave emergency and immediate demolition is essential for ensuring public safety, may the authority proceed with such demolition,” the single-judge bench remarked regarding the KMC's fresh verification of the establishments' license documents.
The bench noted that if there is no immediate threat to life or property, the petitioners should be given a chance to be heard before any coercive actions regarding the alleged unauthorized construction.
The single-judge bench also directed the officers-in-charge of the two police stations overseeing these three establishments to maintain strict vigilance over the properties to ensure that no activities occur and that no third-party rights are established during the ongoing proceedings before the KMC.
“Only if KMC comes to the conclusion, based on both subjective and objective evaluation, that there exists a grave emergency and immediate demolition is crucial for safeguarding public safety, may the authority act accordingly,” stated a copy of the order.