No demolition at Park Street rooftop resto till ‘next hearing’: HC verbally orders KMC

Kolkata: Kolkata: The Calcutta High Court on Monday verbally directed the Kolkata Municipal Corporation (KMC) not to proceed with the demolition of a rooftop restaurant on Park Street until the next hearing.

The KMC had during the hearing assured the court that it would halt the demolition work until a “detailed hearing” takes place later this week. The bench of Justice Gaurang Kanth on Monday was approached by a rooftop restaurant at Park Street’s Celica Park with a prayer of interim protection against demolitions carried out by the KMC. The petitioner’s counsel submitted that the entire demolition was carried out on both May 2 and 3 even after intimating that a writ petition was filed. The demolition was executed under a notice under Section 401 (KMC Act, 1980) which is only for purposes of stop work and not demolition. “For urgent demolition MIC (Mayor-in-Council) decision is needed…Here, no such decision of MIC was there…It was done merely because the Chief Minister has announced and to give visual representation to people overnight it was done…” the counsel submitted. The counsel said a similar notice was also served in 2024 and an application is pending for regularisation.

“Demolition was carried out with vengeance,” he alleged. Further, the counsel submitted that it can be a policy decision of the state to stop all rooftop restaurants but demolition cannot be carried out without giving a prior notice. “We are not criminals…we have a fire licence valid till August 2025..we also have a valid trade licence…we suffered loss which could have been prevented had we been given the opportunity to relocate food and bar stock…power connection too has been disconnected…” the counsel submitted. The bench asked the counsel whether for the Excise license it has shown in the blueprint that it serves alcohol in the open area. The counsel sought time to get back with instructions.

The bench asked the KMC counsel under which provision of law was the demolition executed since demolition can’t be carried out under Section 401. The KMC counsel sought to return with instructions. The next hearing is scheduled for Thursday.