Rooftop restaurant face KMC-cop heat, set to move Calcutta HC
Times of India | 5 May 2025
KOLKATA: Rooftop restaurant owners, asked to shut down by the KMC and police, have planned to move Calcutta High Court on Monday. Both agencies continue issuing notices for roof access violations and unsafe, unauthorized constructions.
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To maintain pressure on rooftop cafes, lounges, and bar-cum-restaurants, the KMC buildings department cancelled inspectors’ and officials’ leaves on Sunday. Though demolition work was paused for a day, officials were directed to serve closure notices.
Police have also initiated a fire audit, with a 35-point questionnaire for all restaurants operating in Kolkata.
On Sunday, the National Restaurant Association of India said while rule-flouters should face action, “random closure notices” have prompted them to seek legal recourse. NRAI president Sagar Daryani said: “The rule-flouters should face action, why should all establishments have to shut shop? Yes, we will take legal recourse against it. People who received notices despite all compliances will definitely take legal recourse. Why were the licences issued in the first place?”
KMC is issuing notices under two sections. The first one is under section 117 (4) of the KMC Building Rules, which states, “Every terrace on the topmost storey of any building shall have a common access and shall not be subdivided.” The other notices are under Section 400 of these rules, which allows the municipal commissioner to order demolition or stoppage of illegal construction that violates rules. On Saturday, Whatsup Café received a notice under Section 117 (A), while the Celica Park management received the Section 400 notice.
According to a senior lawyer consulted by the restaurant owners, “Any penal action has to be taken after providing an opportunity of defence. Here, there are restaurants functioning with all valid licenses — trade, fire, FSSAI, excise — that cannot be asked to shut down hours within issuing notices. The petitions will be moved by individual restaurant owners on Monday and Tuesday.”
Daryani added, “This is a sensitive issue. The restaurant industry is the largest job creator in Kolkata. It is putting a question mark on employment and business.”
This situation arose in the backdrop of KMC officials visiting several rooftop restaurants in the Park Street-Theatre Road belt, extending up to Park Circus market, on Sunday. This belt and the Karaya area, which fall under borough VII, have the highest number of rooftop cafes, bars, and restaurants, confirmed a KMC official. According to the list that Kolkata police sent to the KMC, borough VII has 19 rooftop cafes, bars, and restaurants, whereas a preliminary list prepared by the KMC indicates the presence of 28-30 such facilities in borough VII.
Apart from this borough, civic officials were sent to some central Kolkata areas, including BBD Bag, to serve the notices. A separate team from borough XII went to several rooftop joints in the Kasba-Garfa belt, sources said. “We have served notices asking owners of the rooftop cafes, lounges, and restaurants to shut these joints immediately on their own. Or else we will be compelled to shut them down. If need be, we will demolish all illegal structures,” said a KMC buildings department official.