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Calcutta HC orders interim stay on demolition of rooftop restaurants

Calcutta HC orders interim stay on demolition of rooftop restaurants

Kolkata, May 5 (UNI) The Calcutta High Court on Monday directed the Kolkata Municipal Corporation (KMC) to refrain from demolishing the rooftop restaurants and such eateries on commercial buildings across the city till further order.Hearing a petition filed by a restaurant owner on the city's fine dining hub, Park Street, the single bench judge Justice Gaurang Kanth, directed the city civic authorities to stop demolition of the rooftop structure and scheduled the case for further hearing on Thursday.

The court also asked the civic body to clarify under which legal provision the demolition was initiated.

The petitioner said that while a stop-work notice had been issued to them, it did not authorise demolition.

The petitioner 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.

The court also noted that the rooftop extension appears to be unauthorised 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. UNI PC SSP

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