Kolkata Municipal Corporation (KMC) is investigating whether rooftop restaurants, cafes, and bars in the city have sanctioned building plans, civic officials said on Monday.
Without these plans, the officials warned, such establishments are illegal and subject to demolition.
The officials emphasised that any deviation from the sanctioned plan renders the unauthorised portion illegal. The civic body acknowledges that while some restaurants on the list provided by Kolkata Police may not be on rooftops, they have allegedly repurposed buildings’ designated fire refuges — a practice that is equally illegal.
“The primary question in determining legality is whether the sanctioned building permit allowed construction on the roof,” a senior KMC official said. “A sanctioned plan is issued by KMC, and any deviation makes those portions illegal and subject to demolition.”
The ongoing survey has examined 83 buildings identified by Kolkata Police, with officials reporting that no rooftop structures with valid building plans have been found so far. Even establishments not located on rooftops are under scrutiny if they’ve extended into designated fire refuge areas.
“We’re cross-checking building plans against the current status of each restaurant. If we find fire refuges converted into restaurant space, those structures must be removed,” an official said.
Mayor Firhad Hakim reiterated his position that roofs should remain accessible to all building residents and tenants. “If there’s a fire on a lower floor, people need to reach the roof and wait for the fire brigade rescue. Without common roof access, where is the escape route?” he said.
KMC has issued notices to all 83 establishments identified by police, ordering them to cease operations and remove illegal constructions or face demolition by the civic body.
The civic officials invited establishments with proper documentation to speak up.
“If any of these rooftop establishments have a building plan showing that construction on the roof had been allowed, they can approach us with the document. We will examine it. But without a sanctioned building plan, all such constructions are illegal,” said an official.
KMC sources clarified that neither possession of a trade licence (certificate of enlistment) nor payment of property taxes legitimises unauthorised structures.
“We issue certificates of enlistment to businesses under the ease of doing business scheme based on self-declaration, which is standard practice nationwide,” an official said. “However, the certificate states that all other statutory requirements must be met.”
Officials added that property tax collection is based on civic services provided, not structure legality. “If a structure is illegal, it can still be demolished,” an official said.