Kolkata, Oct. 28 -- The Calcutta High Court has quashed closure notices issued by the Kolkata Municipal Corporation against six hotels and guest houses in central Kolkata, observing that the abrupt closures without prior show-cause notices appeared to be a colourable exercise of power.
Justice Aryak Dutt, in six separate orders passed on October 27, held that the notices issued under Section 416 of the Kolkata Municipal Corporation Act, 1980, did not comply with the proviso to Section 416(5). The court noted that the orders did not bear the Municipal Commissioner's signature and that the action appeared to involve no application of mind and a mechanical exercise of authority.
The petitions challenged orders directing the complete closure of the establishments and suspension of their certificates of enlistment. The affected businesses are Zeba Guest House on Collin Street; Hotel Aqsha Palace and City Guest House on Marquis Street; and Ramsha International, Hotel Sunview and Travelodge, all on Marquis Street.
The court found that no prior show-cause notice had been issued before the closure orders were passed. It observed that the abrupt closure of the businesses and suspension of their certificates of enlistment appeared to be a colourable exercise of power.
Consequently, the court quashed all six closure notices and disposed of the writ petitions. However, it left the KMC free to take steps against the establishments in accordance with law. The orders set aside the impugned notices on procedural grounds without preventing the civic body from initiating fresh proceedings in compliance with the law.
Published by HT Digital Content Services with permission from Millennium Post.