Kolkata Rooftop Restaurants refrained from operating by High Court for 2-Weeks

In a major development today, the Calcutta High Court has ordered an immediate halt to the operations of Rooftop Restaurants in consideration (list of 83 restaurants released) for 2-weeks and stop any ongoing construction work at rooftop restaurants across the city, following allegations of illegal constructions raised by the Kolkata Municipal Corporation (KMC). The order was issued by Justice Gaurang Kanth during a hearing held at 11:30 AM today. The hearing went on for nearly 90-mins.

The case was filed by a group of rooftop restaurant owners challenging what they claimed was unnotified demolition of their property by civic authorities. The restaurants argued that they had been operating for years without any recent constructions and presented valid food safety, fire, and business licences in court to support their case.

However, the KMC alleged that several of these establishments had violated sanctioned building plans by undertaking unauthorised constructions on rooftops. Responding to the matter, Justice Kanth ruled in favour of temporarily halting activities, stating, “Immediately stop all ongoing construction including seize all operation.”

The court has directed KMC to reassess each restaurant premises, their licences, and physical structures. It has also permitted KMC to act in genuinely urgent situations, provided it is done under proper legal guidance.

In the meantime, local police officers have been instructed to strictly monitor these establishments and ensure that no operations are conducted for a period of two weeks from the date of the order.

When the restaurant representatives pleaded for a reconsideration citing business losses, the judge maintained his stand, stating that public safety takes precedence and advised them to appeal the order if they are dissatisfied.

Speaking to Taaza TV, representatives from the National Restaurant Association of India (NRAI) and other restaurant bodies expressed strong dissatisfaction with the verdict and confirmed their intent to file an appeal immediately.