Kolkata Municipal Corporation pulled up for non-compliance with court order in Paradise Cinema Hall case

Kolkata: The Calcutta High Court on Friday directed the serving of a contempt application upon Kolkata Municipal Corporation (KMC) for failing to carry out a court’s order which had directed the civic body to ascertain whether a garment business, running in the ground floor of the Paradise Cinema Hall, was in accordance with law.

The petitioner had alleged that the ground floor of the three-storied Paradise Cinema Hall, which was an ‘assembly building’, was converted to ‘mercantile building’ for running a garment business without any sanction from the

civic body.

It was submitted that KMC claimed one certificate of enlistment was given online by the licence department. It was learnt that KMC had also served a notice under Section 401 of the KMC Act, 1980 upon the person responsible.

Justice Amrita Sinha, in her last order, had directed the municipal commissioner to grant an opportunity of hearing to all the necessary parties to ascertain whether the business is run in accordance with law or not.

“If the concerned party fails to produce the requisite documents for running the business from the subject premises, then steps shall be taken by the official respondent to stop the business forthwith,” the order had directed.

However, the petitioner’s counsel informed the court KMC has allegedly circumvented the last order and thereby violated the directions passed in that order. “The question was whether the nature of use was changed and whether appropriate sanction was obtained by the person running the garment shop. Nowhere in submissions by the concerned party is it mentioned whether they took any sanction for change in use. But KMC has ordered two weeks-time for producing documents. What are these documents? The court’s order was specific,” the counsel said.

Justice Sinha ordered: “The said authority was directed to ascertain whether the business was run according to law or not. The finding whether the business is being run according to law or not is not clear from the order passed by the additional municipal commissioner on 24 July 2024. Let a copy of the contempt application be served upon the alleged contemnors…An affidavit of compliance shall be filed on the adjourned date.”

The matter is listed for September 2, 2024.