HC to BMC: Is there a policy on unlicensed eateries, restaurants?

This came after HC was informed by Indian Hotel and Restaurant Association (IHRA) that food delivery service providers should be restrained from picking up food from illegal outlets

Mumbai: The Bombay high court (HC) has asked the Brihanmumbai Municipal Corporation (BMC) whether there is a policy on eateries and food outlets that are operating without licence and conforming to the fire safety norms.

The court, however, refused to pass any blanket order restraining food delivery service providers from picking up delivery orders from unauthorised eateries as the petitioners’ grievance was against eateries operating in public places and not against private food providers who were operating from their homes (HT)

This came after HC was informed by Indian Hotel and Restaurant Association (IHRA) that food delivery service providers should be restrained from picking up food from illegal outlets.

The court, however, refused to pass any blanket order restraining food delivery service providers from picking up delivery orders from unauthorised eateries as the petitioners’ grievance was against eateries operating in public places and not against private food providers who were operating from their homes.

The division bench of justice AA Sayed and justice Abhay Ahuja while hearing the writ petition filed by IHRA was informed by advocate Veena Thadani that the petroleum corporations were included as respondents because they provided gas cylinders for commercial purposes under the garb of domestic use.

When the bench sought to know why a public interest litigation was not filed as the issues raised were of public health and safety, Thadani submitted that the petition was filed for the commercial interest of the members of the IHRA. She added that as only licensed restaurant holders had an interest in the present issue, public interest litigation was not filed.

Thereafter, the bench noted that as the petition did not enumerate the unlicensed restaurants against whom the action was being sought, it was desisting from passing an open-ended order. The bench asked IHRA to add the names of a few of the unauthorised vendors so that appropriate orders could be passed.

The government pleader opposed the petition stating that the requisite court fees had not been paid by IHRA which Thadani assured would be done along with the list of the members who had passed the resolution to file the present petition.

The bench then sought to know from the BMC whether a policy existed to regulate unauthorised and illegal eateries located within their jurisdiction and apprise it on the same in the next hearing.