The Kolkata Municipal Corporation (KMC) is going through its own inspection reports and some submissions by restaurant owners to conduct hearings on rooftop bars, cafes and restaurants, a senior official said on Sunday.
The hearings are likely to begin next week.
“We have completed physical inspections of the 83 restaurants, bars and cafes named in a list prepared by Kolkata Police. We are now preparing files with points to be discussed. A formal permission will be taken from the KMC’s authority before we issue them a show cause notice. Subsequently, the notice to appear for a hearing will be served,” said a KMC official on Sunday.
A senior official told Metro “the hearings are likely to begin early next week.”
“The high court has given us two weeks to conduct the hearings. We will have to start them early next week.”
Calcutta High Court had on May 6 kept in “abeyance” for two weeks the demolition order issued by the KMC for rooftop bars and restaurants, directing the civic body to “re-verify” documentation before taking further action.
Justice Gaurang Kanth’s order said the court “deems it appropriate to remand the matter to the Kolkata Municipal Corporation (KMC)for re-verification of the relevant documents, facts, and figures”.
Some of the restaurants, bars and cafes named in the list prepared by Kolkata Police are not rooftop establishments. But they might have encroached or blocked the fire refuge of a floor by extending the restaurant on that open space, KMC sources said.
“We have recorded all the violations spotted during the physical inspections. The owners of some of the rooftop cafes, bars and restaurants have written to us with the permissions they have. We are also going through their letters to prepare for the hearings,” the KMC official said.
KMC sources said the civic body had yet to come across a sanctioned building plan that allowed construction on the rooftop or utilising the fire refuges by these 83establishments.
“They might have obtained fire licence, certificate of enlistment (commonly called trade licence) and excise licence, but none of these make a structure legal,” said civic body officials.
Certificates of enlistment are issued to businesses under the ease of doing business scheme based on self-declaration, which is standard practice nationwide, they said. “The certificate states that all other statutory requirements must be met,” said an official.
Property tax is collected because of civic services — like water and drainage infrastructure — used by the building. Excise license is required to serve liquor.
The KMC has also prepared a draft standard operating procedure (SOP) and sent it to the chief secretary for approval. The SOP, or a list of guidelines on what will be allowed and what will not be allowed, will be handed over to the officers who will conduct the hearings.
The owner of a popular rooftop bar in Chowringhee said both the KMC and the fire services directorate inspected their premises. “They had asked for documents and we have sent it to them. We are now waiting for the hearing,” said the owner.
A member of the National Restaurant Association of India (NRAI) said the rooftop establishments were shut but many of them had indoor spaces where they are serving food and liquor.