At least three prominent city bars and restaurants have moved Calcutta High Court against the administration’s clampdown on rooftop establishments.
According to sources, the petition filed by the three establishments, likely to be heard on Tuesday, is backed by the National Restaurant Association of India (NRAI).
The respondents include the secretary of the municipal affairs department, the city’s mayor, the commissioner of the Kolkata Municipal Corporation, the director-general of fire services, and the excise commissioner.
“We do not like pulling down structures. We do not want to hurt businesses, but people’s safety is paramount. Conduct your business, but there should be adequate safety measures. I want the fire brigade to audit all guesthouses, restaurants (and other places of public gathering) and see if these have proper escape routes. There can be a fire anytime, the escape routes should not be blocked,” Mayor Firhad Hakim said
on Monday.
On Friday, May 2, Hakim announced what sounded like a blanket ban on rooftop bars, restaurants and cafes.
The terrace will be considered a common area, and no encroachment will be allowed, the mayor said. The decision was linked to the fire safety drive implemented following a devastating blaze at Rituraj Hotel in Burrabazar on April 29.
Since then, LMNOQ, a party hotspot on the roof of Celica House on Park Street, has had its outdoor section demolished. A squad from the civic body, carrying hammers and crowbars and guarded by police armed with batons and shields, had turned up at What’s Up cafe, another popular bar-come-lounge in south Calcutta, but left after facing resistance from a section of staff members.
“What’s Up cafe is illegal. We served them a notice in December, but they have taken a stay order from the court. If there is a mishap tomorrow, who will be responsible?” Hakim asked on Monday.
“They have moved the court against our notice. Let the court decide what will happen now,” Hakim said when asked whether the civic body would continue demolition drives against the rooftop establishments.
Earlier in the day, Calcutta High Court heard a writ petition filed by LMNOQ. The petitioner’s counsel alleged that the drive was illegal. The judge asked the KMC lawyer to produce the legal basis for the demolition. The case will be heard on Thursday.
Outdoor joints on terraces were mostly shut on Monday.
Several had posters saying that the outdoor sections were off-limits for “maintenance”.
“We have moved court. A blanket clampdown is uncalled for. At the same time, we urge every restaurant to adhere to every safety regulation,” said Sagar Daryani, president of the NRAI.