HC allows 3-day ice cream fest in recreation space of suburban mall
Bombay High Court has directed the Brihanmumbai Municipal Corporation to allow the R City Mall in Ghatkopar to host a three-day ice cream festival in its recreational area. The court found that the Development Control and Promotion Regulation 2034 did not prohibit the use of recreational areas for commercial activities. The mall had originally been refused permission to hold the festival by the BMC.
MUMBAI: The Bombay high court has directed the Brihanmumbai Municipal Corporation (BMC) to allow the promoters of R City Mall in Ghatkopar to host a three-day ice cream festival in the recreational area of the mall.
The high court held that the Development Control and Promotion Regulation (DCPR) 2034 does not prohibit the use of recreational areas for commercial activities. The mall owners had approached the HC after the BMC refused them permission on the grounds that recreational areas could not be used for commercial purposes.
The division bench of justice GS Kulkarni and justice RN Laddha was informed by advocate Mayur Khandeparkar and Saket Mone for the promoters that the mall had intended to host an ice cream festival from April 28 - 30 in the courtyard / open space of R City Mall and had written to the concerned department of the BMC for the requisite permissions.
However, on April 18, the assistant engineer (building and factory) of N Ward rejected their application on the ground that the activity to be undertaken by the petitioners was a commercial activity and the same as not permissible at the recreational/open space of the said mall.
His reply to the petition made a reference to a complaint filed by a visitor to the mall on February 15, 2023, about alleged misuse of the recreational area, and stated that the area was a free area meant for recreational purpose only and hence, commercial activity cannot be carried out in the said area.
{{/usCountry}}His reply to the petition made a reference to a complaint filed by a visitor to the mall on February 15, 2023, about alleged misuse of the recreational area, and stated that the area was a free area meant for recreational purpose only and hence, commercial activity cannot be carried out in the said area.
{{/usCountry}}The reply stated that the objection of the visitor was valid as per regulation 27 of the DCPR 2034 and hence, denied the NOC.
{{/usCountry}}The reply stated that the objection of the visitor was valid as per regulation 27 of the DCPR 2034 and hence, denied the NOC.
{{/usCountry}}Khandeparkar, however, drew the attention of the bench towards regulation 27(1)(g)(ii) of DCPR to show that it was contrary to the stand taken by the civic officer.
{{/usCountry}}Khandeparkar, however, drew the attention of the bench towards regulation 27(1)(g)(ii) of DCPR to show that it was contrary to the stand taken by the civic officer.
{{/usCountry}}After perusing the regulation, the court noted in its order, “We do not notice any restriction / embargo for the recreation area in the petitioner’s mall to be used for the purpose for which the petitioner has made the application in question, to the MCGM. Admittedly, the activity to be undertaken by the petitioners is for a limited period of about three days, by installation of temporary stalls.”
{{/usCountry}}After perusing the regulation, the court noted in its order, “We do not notice any restriction / embargo for the recreation area in the petitioner’s mall to be used for the purpose for which the petitioner has made the application in question, to the MCGM. Admittedly, the activity to be undertaken by the petitioners is for a limited period of about three days, by installation of temporary stalls.”
{{/usCountry}}“The Regulation in fact clearly permits recreational activities, as can be clearly noticed from Clause (1)(g)(ii). No restriction as to any temporary commercial activity has been provided in Regulation 27(g)(ii), hence, the same cannot be read in Regulation 27 as sought to be interpreted by the Municipal Corporation,” said the court.
The bench added, “Such activities are intended to the benefit of the public at large, and particularly in the city like Mumbai when large segment of the population would be interested to take benefit of such events, being organised in the public places like malls where open areas are available. Certainly, such temporary activity subject to any other compliances is required to be permitted.”
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