Kolkata, Oct. 1 -- The Calcutta High Court has set aside an order suspending the certificate of enlistment of Hotel Emirates at New Market and directing closure of the business, holding that the petitioners were not given a reasonable opportunity to show cause before action was taken over alleged violation of Section 416 of the Kolkata Municipal Corporation Act, 1980.
Justice Raja Basu Chowdhury was hearing a petition by Nvent Realty Pvt Ltd and another challenging the August 31 order of the KMC municipal commissioner concerning the hotel at 11/1 Dr Md Ishaque Road, Ward 63.
According to KMC, an inspection by a Joutha (joint) Team on August 31 found that the petitioners were carrying on business from the building without municipal permission and could not produce the sanctioned building plan. The order also proceeded on the basis that the premises was operating without a valid certificate of enlistment.
The court noted that the petitioners had produced a valid certificate of enlistment for carrying on the business of a boarding house with food without a bar. The certificate was valid until March 31, 2027. It held that the premises could not have been shut on the ground of non-renewal of the certificate under Section 199.
The court further held that, where the authorities alleged violation of Section 416, the petitioners should have been given a reasonable opportunity of hearing under the proviso to Section 416(5). The inspection report had also not been disclosed to them earlier.
The court set aside the suspension and closure notice, leaving the authorities free to proceed in accordance with law.
Published by HT Digital Content Services with permission from Millennium Post.