Kolkata, Oct. 15 -- The Calcutta High Court has quashed Kolkata Municipal Corporation (KMC) orders directing three lodging establishments in central Kolkata to shut down, observing that the action appeared to be a "colourable exercise of power" as it was taken without prior show-cause notices.
Justice Raja Basu Chowdhury also flagged that the closure notices, purportedly issued by the municipal commissioner, did not bear signature. The court found an apparent lack of application of mind and described the exercise of authority as mechanical.
The cases concerned Hotel Duke at 23 Marquis Street, and Deluxe Guest House and Moon Guest House at 15 and 17 Zakaria Street, respectively. KMC had ordered Hotel Duke's closure on August 20, while the other two establishments received closure orders dated September 12. The action was taken over alleged violations of Section 416 of the Kolkata Municipal Corporation Act, 1980.
In separate orders, the court held that the closure notices did not comply with the proviso to Section 416(5) of the Act. It specifically noted that no prior show-cause notice had been issued before the establishments were ordered to close and their certificates of enlistment suspended.
The court consequently quashed all three closure notices and revoked the suspension of the establishments' certificates of enlistment. It left it open to the civic body to take fresh steps in accordance with law.
In the Hotel Duke case, the court added that quashing the closure order would not
permit the establishment to continue operations unless it complied with other statutory requirements necessary to run its business.
The rulings set aside the impugned orders on procedural grounds without preventing KMC from initiating fresh action in accordance with law.
Published by HT Digital Content Services with permission from Millennium Post.