HC stays demolition of rooftop restaurants in Kolkata till Thursday

The Calcutta High Court on Monday granted temporary relief to a rooftop restaurant facing demolition by the Kolkata Municipal Corporation (KMC), issuing an interim stay on the drive until next Thursday. The court's intervention came after the restaurant owner challenged the KMC's move, which was part of a broader crackdown initiated following the recent tragic fire incident in Mechua Bazar.

During the hearing, Justice Gaurang Kant questioned the municipality's actions, commenting orally, "You cannot demolish it like this." He further remarked that the specific section of the law under which the KMC had issued the demolition notice to the hotel authorities did not appear sufficient to justify such drastic action. The court subsequently put a hold on the demolition process until the next hearing.

Arguing for the restaurant owner, the plaintiff's lawyer strongly contested the demolition drive in court. "Can our restaurant be demolished overnight because there was a fire elsewhere?" the lawyer questioned, suggesting the action was a hasty response potentially influenced by political statements following the Mechua incident. The lawyer challenged the legality and the manner of the demolition, asking, "Why did the police come and demolish it at night? Are we criminals? We have all the licenses."

Furthermore, the court was informed that the restaurant owner had applied to the KMC in 2024 seeking to regularize a portion of the establishment. However, the municipality has allegedly not yet decided on that pending application. The owner's side argued that demolishing the structure while this application remains undecided is unjust.

The lawyer representing the Kolkata Municipality stated that they were yet to receive complete instructions and would present their arguments during the next hearing. The court has scheduled the next hearing for this case on Thursday, May 8th.

This legal challenge stems from Kolkata Mayor Firhad Hakim's directive to close down rooftop restaurants in the city following the devastating fire in Mechua Bazar. Acting on this order, KMC teams, accompanied by police, began initiating demolition actions against several rooftop establishments, particularly on Park Street. The court's stay order has now put a temporary brake on this drive for the specific petitioner. This was evident on Saturday afternoon when a KMC demolition team attempting action against a rooftop restaurant on Southern Avenue had to retreat after staff obstructed them, citing a court stay order.