The Calcutta High Court imposed a stay on the Kolkata Municipal Corporation order directing the demolition of a rooftop restaurant in the city. While posting the matter for hearing on Thursday, the HC urged the KMC not to take any stringent action while the case is being heard.
The order comes amid a crackdown on unauthorised constructions in the city following a fire which killed 14 people in Rituraj on April 30. The civic body has served notices to numerous establishments, including popular ones, directing them to dismantle any unauthorised constructions or face legal repercussions.
An owner of a rooftop restaurant on Park Street had moved the court, claiming that the restaurant was being demolished despite having “permission”. Justice Gaurang Kant observed, “You cannot demolish a restaurant like this… You cannot demolish it because of the section of the law under which you have sent the notice to the hotel authorities.”
The State’s counsel told before the court that it had taken steps “as per the situation”. The petitioner’s counsel argued, “Can our restaurant be demolished overnight because there was a fire elsewhere? Since the Chief Minister visited the area and said so, our restaurant was demolished in a hurry. Can this be done? The government can make policy decisions. We can fight through the law.”
“Why did the police come at night and demolish the restaurant? Are we criminals? We have all the licenses,” said the counsel, who argued that a notice period of at least 15 days should have been provided.
“In 2024, we applied to the municipality to regularise a part of the restaurant. The municipality has not yet taken a decision on that. A notice was served upon us and then our electricity connection was disconnected. According to the notice of the corporation, no rooftop restaurant can be operated… the loss that we are facing is also not being compensated,” said the counsel.
On Saturday, the Kolkata Police compiled a list of 83 rooftop restaurants within the KMC area and shared with the civic body. The list included several well-known restaurants such as Blue & Beyond, Hoppipola, Whatsup Cafe, The Sky Story, Roots, Oris, The Golden Park, Drunken Teddy, Scrap Yard, LMNOQ, Hashtag, Soul, Altera, The Astor, Park Street Social, QAI QAI, The Lords & Barons, Eating House-cum-Restaurant, Cloud Tavern, Club Kolkata Mixtape, and Romania Kanha Confectionery, among others located across various parts of the city.