Kamling gets back its awning

Kamling gets back its awning
Express News Service

May 31: Setting aside an order of the collector, the state government has granted permission to Kamling Chinese Restaurant at Churchgate to erect a striped awning in the open space in front of the eaterie.

As per an order of the state Revenue and Forest Department, Minister Ashok Chavan has delcared that Mumbai city collector Sanjay Chahande's order demolishing the awning was ``illegal, highhanded and bad in law''. He has declared that the awning should be rebuilt as per the original permission granted in 1971.

The awning was demolished on April 26, 1999, after which the restaurant appealed before the government. The appeal was filed by restaurant owner/partner Tulun Terence Chen claiming tremendous loss of revenue and goodwill due to the demolition.

The government order states that the rent of the space covered by the awning will be increased by 12 per cent per annum. The minister has stated that Kamling had entered into a lease agreement with the original builders of Nagin Mahal, where the restaurant is situated. As per the lease condition, the ground floor (and the open space in front of it) of the building can be utilised for commercial purposes.

The collector had objected to the awning stating that it was a pucca structure and not a collapsible one. However, the appeallants have paid alicense fee up to 2001 for the awning. They were not given any prior intimation before the demolition, the government order states. Moreover, advice was not sought from the government architect or the Bomaby Municipal Corporation with regard to the awning, the minister adds.