Restos fumble for rooftop proof, KMC asks to return with papers

Time of India

6 days ago

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Kolkata: Hearings for three rooftop restaurants at the Kolkata Municipal Corporation (KMC) remained inconclusive as none of them could present the documents demanded by the civic authorities to support their claims of running businesses with 'licenses'.
The KMC-constituted committee for the hearings have asked the owners of the three rooftop restaurants — Drunken Teddy, Romannia, and Scrapyard — to appear again on June 11 with valid documents. Though the restaurants urged the civic officials to allow them to resume business, citing the large number of people they employed, and promised to adhere to all rules, sources said the request was turned down as none of them had valid building department permission to operate the rooftop establishments.
"The rooftop restaurant owners have repeatedly requested to allow them to reopen their businesses as it involves employment and have also agreed to abide by the KMC rules in the future. But we are not in a position to take a decision at this stage," said a senior KMC official. Besides an additional commissioner and senior officials from the KMC buildings, trade license, and revenue department, senior officials from the state fire services department, state excise department, and Kolkata police were present during the hearing that lasted for over an hour.
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Talking to TOI, the owner of Scrapyard, Ankit Madhogaria, said, "We were asked to submit further documents in the next 15 days. Till now, the KMC has not said anything on whether we can continue with our operations." The owner of another restaurant said they were ready to cooperate with the KMC and would seek approval for the reopening of the rooftop facility.
According to KMC building rules, promoter are not allowed to sell a terrace or give a nod to anyone to set up any infrastructure there without the approval of the civic body.
According to buildings department records, the majority of the 83 rooftop restaurants that have been served notices couldn't produce any documents that will conclusively prove they had any sort of permission. "We searched for records at the buildings department but hardly found documents that can conclusively prove that these establishments that have been served notices were given permission for constructing rooftop cafes, lounges, or restaurants," said a KMC buildings department official.
The KMC took a tough stand on allowing rooftop businesses after the state turned down a request to prepare an SOP for hearings for the rooftop establishments that have been served closure notices. Civic officials assert there is no external pressure to withdraw such notices without a valid reason. "Who will take responsibility if a fire occurs and lives are lost?" a KMC official questioned.
In fact, after deciding not to sanction any structure on rooftops in the case of multi-storeyed apartment buildings (occupied by several owners) and deny mutation of open roofs/rooftops/terraces, the KMC authority requested the inspector general of registration and commissioner of stamp revenue to stop the registration of deeds for transfer/conveyance or sale of rooftops or terraces.
Municipal commissioner Dhaval Jain wrote to IG (registration) on Tuesday, requesting steps to stop such registrations. Jain informed the IG (registration) that rule 117 (4) of the KMC building rules (2009) categorically states, "Every terrace on the topmost storey of any building shall have a common access and shall not be subdivided." The letter also states that the roof is common for all the flat owners/occupiers and inmates of the building.
Access to the roof of the building through the staircase and common corridors should be unhindered to avoid untoward incidents like fire hazards, etc. The letter was sent to IG (registration) with approval from the Mayor's office.