Kolkata: Calcutta High Court set aside Kolkata Municipal Corporation (KMC) closure notices to six more lodgings in Free School Street area calling the ‘abrupt’ closure as ‘colourable exercise of power’ and noted the missing municipal commissioner signature in these notices.The businesses included Travelodge, Hotel Sunview, Ramsha International, City Guest House and Hotel Aqsha Palace in Marquis Street, and Zeba Guest House in Collin Street.In case of Travelodge, 9A, Marquis Street, which was served notice on Aug 23 issued by the municipal commissioner directing them to close down its business and their certificate of enlistment was suspended. Justice Dutt held that the closure notice did not comply with the section 416 (5) of the KMC act. “The abrupt closure of the petitioner’s business and suspension of the petitioner’s certificate of enlistment appears to be an act in colourable exercise of power. The closure notice is also not signed by the municipal commissioner.”Similar observations were made in case of other five lodging and hotel cases. The orders on Tuesday by a single bench of Justice Aryak Dutt comes after nearly 50 guest houses and hotels in New Market-Free School Street areas reopened after Calcutta High Court orders set aside KMC’s closure and trade-licence suspension notices stating that they were not given an opportunity of hearing.The single bench of Justice Raja Basu Chowdhury, before the Puja vacation in HC commenced, gave multiple such orders while directing KMC to give these establishments a hearing before taking a decision. The notices of closure and cancellation of enlistment took place in broad drives by the KMC post the fire at Free School Street on Aug 19, which claimed nine lives.Justice Basu Chowdhury on Oct 13 set aside the closure notices, issued to around 40 hotels that had moved court. Hotel Emirates was the first to get relief from the court on Oct 1, followed by other establishments, including Hotel Duke, Deluxe Guest House, Moon Guest House, Magnolia’s Maggie Guest House, Hotel Afreen and some hotels in Kasba.
