The Calcutta High Court on Monday granted interim protection to a prominent rooftop restaurant on Park Street, restraining the Kolkata Municipal Corporation (KMC) from proceeding with demolition activities until further orders.
The court’s direction came in response to a petition filed by the restaurant’s owner, who alleged that the civic body had carried out demolition work on May 2 and 3 without proper legal authority. The action followed a deadly hotel fire in central Kolkata on April 29 that claimed 14 lives and prompted the state government to intensify enforcement of fire safety norms.
Justice Gaurang Kanth, while hearing the plea, directed the KMC to cease further demolition of the rooftop structure and scheduled the matter for further hearing on Thursday. The court also asked the civic body to clarify under which legal provision the demolition was initiated.
The petitioner’s lawyer contended that while a stop-work notice had been issued, it did not authorize demolition. He further submitted that the restaurant in question holds valid fire safety and trade licenses, and an application seeking regularisation of the rooftop structure is pending with the KMC.
Justice Kanth noted during the hearing that the rooftop extension appears to be unauthorized since the owner had filed for regularisation. However, the court observed that demolition based solely on a stop-work notice would not be legally tenable.
The legal dispute emerges amid heightened scrutiny of commercial establishments in the city following the April 29 tragedy. Chief Minister Mamata Banerjee had vowed strict action against violators of fire safety norms, prompting sweeping checks by civic authorities across Kolkata.
The court’s interim order offers temporary reprieve to the restaurant but leaves open the question of its structural legality, which is likely to be addressed in the upcoming hearing.
