Kolkata, May 6 A single-judge bench of the Calcutta High Court, on Tuesday, directed the Kolkata Municipal Corporation (KMC) to conduct fresh verification of the relevant license documents of three rooftop bars-cum-restaurants in Kolkata against whom the corporation has issued a demolition order within two weeks.
Last week, the KMC ordered the immediate closure of rooftop eateries in the city in the backdrop of a devastating fire at a hotel at Madan Mohan Burman Street in central Kolkata, which broke out on the night of April 29, killing a total of 15 people.
The owners of three rooftop bars-cum-restaurants, namely Akshit Agarwal of Drunken Teddy, Ramesh Kumar Agarwal of Romania, and Ankit Madhogoria of Scrapyard, along with the National Restaurant Association of India, approached Calcutta High Court’s single-judge bench of Justice Gaurang Kanth, challenging a demolition order of their rooftop operations.
At the same time, Justice Kanth also directed the owners of the three establishments to keep their rooftop operations on hold till further orders.
“Only if KMC arrives at the conclusion based on both subjective and objective assessment that there exists a grave emergency and immediate demolition is imperative for safeguarding public safety, may the authority proceed with such demolition,” the single-judge bench observed as regards to fresh verification of the license documents of the establishments by KMC.
It also observed that in the absence of any imminent threat to life or property, the petitioner shall be afforded an opportunity of hearing prior to any coercive action in respect of the alleged unauthorised construction.
The single-judge bench also directed the officers-in-charge of the two police stations under whose jurisdictions these three establishments come to maintain strict vigilance over the property to ensure that no activities are undertaken and that no third-party rights are created during the pendency of proceedings before the KMC.
“Only if KMC arrives at the conclusion based on both subjective and objective assessment that there exists a grave emergency and immediate demolition is imperative for safeguarding public safety, may the authority proceed with such demolition,” read a copy of the order.
--IANS
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