Kolkata, Sept. 27 -- The Calcutta High Court has set aside a Kolkata Municipal Corporation (KMC) order directing the closure of Ajanta Cinema Hall, holding that the civic body should have served a statutory notice before proceeding against the cinema for alleged violation of Section 416 of the Kolkata Municipal Corporation Act.

Justice Raja Basu Chowdhury, hearing a petition by Ratan Saha, observed that the August 22 closure order appeared to have been issued in "colourable exercise of power" and was also violative of the principles of natural justice and fair play.

Saha said he was continuing the business from premises at 24, Diamond Harbour Road. He challenged the closure order on the ground that no show-cause notice had been issued as required under the proviso to Section 416(5).

The KMC submitted that the closure order was preceded by an inspection by a Joutha (joint) Committee constituted in June. According to the civic body, the inspection found that the business was being carried on from a residential building without obtaining the necessary conversion permission under Section 416.

The court, however, found that a notice under the proviso to Section 416(5) ought to have been served before the municipality proceeded against the petitioner. No such notice had been issued.

The court also noted that the state had alleged that the petitioner did not have a valid fire licence. However, the closure order did not identify this deficiency, nor had it been notified to the petitioner. The Joutha Committee's inspection report relied upon by the KMC had also not been disclosed.

The court further noted that the closure order described the premises as a cinema hall being run with a bar-cum-restaurant. The KMC's counsel acknowledged that the petitioner's business was limited to a cinema hall.

Holding that the closure order could not be sustained, the court set it aside. It nevertheless left it open to the appropriate authorities to proceed against the petitioner in accordance with law.

Published by HT Digital Content Services with permission from Millennium Post.