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HC bar on rooftop ops of two restos

HC bar on rooftop ops of two restos

Time of India5 days ago
Kolkata: Calcutta High Court on Monday restrained proprietors of two restaurants under two police stations from continuing their rooftop operations. It sent the matter back to KMC for re-verification of documents, facts and figures before proceeding with any demolition work.
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Justice Gaurang Kanth directed KMC to complete re-verification in two weeks. Justice Kanth also instructed KMC to provide the petitioners with a hearing, provided there were no unauthorized constructions at the buildings in question.
The court directed Bhowanipore PS and Shakespeare Sarani PS to maintain a strict vigil on the buildings.
The petitioners approached the HC after KMC served a "stop-work" notice on May 5 under section 401 of the KMC Act, 1980, accusing them of violating norms.
Senior counsel for the petitioner submitted that the petitioner was running the business after obtaining all necessary licences and permissions and was also paying taxes and duties.
Senior counsel for KMC argued that the civic body could invoke its powers under 401 and 408 of KMC Act sections not only to stop unauthorized construction but also halt operations that went contrary to the undertaking by the petitioner while obtaining nod from KMC.
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