The Calcutta High Court has orally directed the state authorities to refrain from continuing the demolition of rooftop restaurants across Kolkata, following a petition filed by the owners of a Park Street-based restaurant who alleged that their property was being razed without any prior notice.
The case titled NAVGARH FOODS AND ENTERTAINMENT LLP AND ANR VS KOLKATA MUNICIPAL CORPORATION AND ORS (Case No: WPO/329/2025) was heard by Justice Gaurang Kanth. During the hearing, the petitioners informed the court that despite only a stop work notice being issued, demolition work had already begun at their premises. This prompted them to seek urgent intervention from the court, especially in the wake of a recent ban on rooftop establishments issued by the Kolkata Municipal Corporation (KMC) after a tragic hotel fire that resulted in multiple fatalities.
While the court did not issue a formal stay on the ongoing demolition drive, it noted the state counsel’s submission that no further action would be taken until the matter is heard.
“The court recorded the assurance given by the state counsel that no further demolition will be carried out until further orders,” stated the bench.
The matter was brought before the court urgently after concerns were raised that properties were being demolished based on a blanket directive without providing the affected parties with an opportunity to respond or challenge the action. The court took note of this concern and posed a direct question to the state authorities.
Why was no prior notice served to the petitioners if the construction was indeed unauthorized? asked Justice Kanth during the proceedings.
In response, the state submitted that further instructions would need to be taken regarding the issuance of notice, indicating that the process had not been completed in accordance with established legal procedure. The bench then directed that the matter be listed for hearing on a later date.
“The matter is posted for further hearing with an understanding that no further steps will be taken against the petitioners in the interim,” said the court.
The issue stems from the KMC’s recent enforcement drive targeting rooftop establishments after a deadly fire incident at a hotel in Kolkata. Following this tragedy, the civic body launched strict measures against structures operating on rooftops without following fire safety norms. However, several business owners, including the petitioners in this case, allege that the actions are being taken without following due process, including the issuance of legal notices as required by law.
The High Court’s intervention brings temporary relief to affected businesses, especially in a city where rooftop cafes and restaurants are a significant part of the hospitality culture. The case is likely to have broader implications on how municipal authorities enforce safety regulations while ensuring compliance with legal procedures.
The next date of hearing will be crucial in determining the legal validity of the demolition actions taken so far and whether they complied with the principles of natural justice.
Case: NAVGARH FOODS AND ENTERTAINMENT LLP AND ANR VS KOLKATA MUNICIPAL CORPORATION AND ORS
Case No: WPO/329/2025
