The Kolkata Municipal Corporation will serve notices to three rooftop establishments in the city by Monday, asking them to attend hearings into alleged fire safety lapses and other violations recorded during inspections by the civic body, a senior KMC official said.
Hearings for other cafes, bars and restaurants named in a list prepared by Kolkata Police will start once their owners appeal to the civic body to allow them to reopen.
The KMC has served “stop operation” notices to all 83 establishments named in the police’s list. The three who will be given hearings first are the ones that went to court.
“The three rooftop establishments will be served with notices for hearings by Monday. Calcutta High Court has given us two weeks to conduct the hearings. These are the three establishments that went to court,” the official said.
In the first week of May, the KMC issued notices to 83 rooftop establishments across the city demanding they “stop operations and demolish unauthorised structures immediately” or face demolition under Section 400(8) of the KMC Act.
Three popular city establishments with rooftop sections challenged the notices in the high court, with support from the National Restaurant Association of India (NRAI).
On May 6, the court kept in “abeyance” for two weeks the demolition order, directing the KMC to “reverify” documents of the establishments before taking further action.
The court directed the KMC to reverify all documentation and reach a fresh decision on whether Section 400 (8) should be invoked. Only if the KMC determines that a “grave emergency” exists may they proceed with demolition. Otherwise, affected establishments must be given a hearing opportunity first, the judge said.
The official said that multiple agencies, like the fire services and excise, would be part of the hearings.
“As for the other establishments named in the police’s list, hearings will be held once they appeal before us. We have served stop operation notices,” said the official.
To reopen, these establishments need a nod from the KMC. That can happen only after they take part in the hearings. The establishments will be told about the violations in the hearings.
A couple of days ago, the KMC had said that multiple agencies would be part of preparing a set of standard operating procedures (SOPs) for rooftop establishments. But the hearings would be conducted by the KMC alone, the civic body had said.
The KMC had sent a draft SOP to the chief secretary last week, Calcutta mayor Firhad Hakim had said earlier. Nabanna’s stamp on the draft is still pending.
There was still no clarity on the SOP.
On Saturday, KMC sources said the hearings would include fire safety and other officials.
A representative of one of the three restaurants said it had yet to receive any formal communication from the KMC on the hearing. The owners of the two others did not respond to calls and messages.
Sources in the industry said rooftop establishments were almost certain that a minimum of 50 per cent open space on the terrace would be a non-negotiable condition for continuing operations.
“There is no clarity on anything else. We are waiting for at least one hearing,” said a restaurateur.