Closure for alleged Section 416 violations requires a reasonable opportunity to be heard.

The petitioners challenged the Municipal Commissioner’s order dated 31 August 2026 suspending their certificate of enlistment and directing closure of Hotel Emirates at premises no. 11/1 Dr. Md. Ishaque Road, Kolkata.

The KMC alleged that the petitioners were operating without permission under Section 416 of the Kolkata Municipal Corporation Act, 1980, and could not produce a sanctioned building plan during an inspection by a Joutha Team.

The petitioners maintained that they held a valid certificate of enlistment for a boarding house with food, valid until 31 March 2027, and argued that the closure order had been made without prior show-cause notice.

The Court also noted that the inspection report had not previously been disclosed to the petitioners.

Whether the petitioners’ business could be closed on the ground of non-renewal or absence of a certificate of enlistment when they held a certificate valid until 31 March 2027.

Whether the KMC could suspend the certificate and direct closure for alleged violation of Section 416 without giving the petitioners a reasonable opportunity to show cause.

Section 416(5), proviso, of the Kolkata Municipal Corporation Act, 1980 requires that a person be given a reasonable opportunity of hearing to show cause before an order concerning the alleged unauthorised use of premises is made.

Section 199 of the Act concerns the certificate of enlistment; the Court held that closure on the ground of non-renewal under that provision was unwarranted where the petitioners’ certificate remained valid.

The principles of natural justice and fair play require disclosure of the material relied upon and a meaningful opportunity to respond before adverse action is taken.

The petitioners’ certificate of enlistment was valid through 31 March 2027, so the business could not be shut down for non-renewal under Section 199.

As to the separate allegation of non-compliance with Section 416, the KMC had not provided the reasonable opportunity to show cause required by Section 416(5), and the Joutha Team’s report had not been disclosed to the petitioners before the order.

The order also did not identify any failure to obtain a police licence, despite that contention being raised by the State.

In these circumstances, the Court found the order to be contrary to natural justice and issued in colourable exercise of power.

It left the appropriate authorities at liberty to proceed in accordance with law and disposed of the writ petition.