Popular Park Street rooftop hangout LMNOQ moved the high court on Monday, alleging that a demolition job carried out on its premises by the Calcutta civic body was illegal.
Justice Gaurang Kanth wanted to know the legal basis of the demolition from the counsel for the civic body. The lawyer, Saptangshu Basu, said he was appearing on very short notice and sought time to respond.
The matter will be heard again on Thursday. The Kolkata Municipal Corporation counsel gave verbal assurance that there would be no further action against LMNOQ till then.
Later on Monday, Calcutta’s mayor Firhad Hakim defended the demolition at the Park Street joint.
“I went to LMNOQ myself. I had asked them to remove the structures. We had to pull them down because they did not act on their own. We did not pull down the entire structure. We removed only the portion in front. I still believe terraces should be accessible to all. If there is a fire on the floors below, people can take refuge on the terrace. The fire brigade can rescue people from there. If there is no space on the terrace, how will the fire brigade conduct the rescue work?” Hakim asked.
“The court has asked us whether they had a building plan, an excise licence and a fire licence. We have to inform the court on Thursday,” he said.
Portions of the party hotspot, on the terrace of Celica House, at Celica Park, were demolished by a KMC team on Friday and Saturday. The demolition followed a surprise visit by chief minister Mamata Banerjee on Thursday. Mamata flagged fire safety concerns about the Celica Park compound, comprising five buildings and several
popular hangouts.
“The entire demolition was carried out on May 2 and 3, even after we intimated (the civic body) that we have filed a writ petition. The demolition was carried out purportedly on the basis of a notice under Section 401. The section is only for stop-work. A similar notice was given in 2024. There is an application for regularisation, which is pending,” advocate Sabyasachi Chowdhury, representing LMNOQ, told the court.
Metro had seen a notice pasted outside the restaurant on Friday afternoon. It read: “You are hereby required by the commissioner, the Kolkata Municipal Corporation under Section 401 of the Kolkata Municipal Corporation Act, 1980, to stop forthwith all construction including any addition and alterations. Stop operations and demolish unauthorised structures immediately, else demolition U/S 400 (8) of KMC Act 1980 will be initiated by KMC.”
In the court on Monday, Chowdhury said: “Assume, for a moment, it is a policy decision. The corporation or the government decides they will not allow any rooftop restaurants. We may challenge it in court or maybe not. But I am aggrieved by the manner they came and carried out the demolition. We are not criminals. There is no dispute. We have a valid fire licence. We have a valid trade licence.”
Chowdhury said the demolition job was focused on optics.
“The electricity was disconnected. I could not even remove the food. I could have at least mitigated my loss,” he said, praying for an order to stop the demolition work.
Justice Kanth asked the lawyer whether the establishment shared with excise and other authorities a blueprint of the “outside area” where liquor was served. Chowdhury said he would check and inform the court at the next hearing.
Justice Kanth said the establishment was an illegal structure since it had asked for “regularisation”.
Chowdhury said the application for regularisation was for “temporary” sheds.
“Temporary or permanent is a disputed question,” the judge said in open court.
Chowdhury said: “I am conceding to that as well. Even then, I should get a 15-day notice. There was no requirement to come with police; break my furniture, shatter the glass. It could have been done in a civilised and dignified manner.”
Justice Kanth agreed. “Section 401 does not mean they can demolish.... That I completely agree with,” he said.
The judge then asked the KMC counsel on what basis the demolition was carried out.
“I am not saying that you can’t take action. But you cannot demolish under Section 401. Even if you want to exercise your powers under Section 400, you need to give them a notice. Under which provision of law have you demolished the property?” Justice Kanth asked.
Basu, who earlier said he was appearing on very short notice, sought time to respond.
The judge then fixed the next hearing for Thursday.