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Bombay HC directs Municipal Corporation to permit City mall to hold ice cream fest in its open area

Bombay HC directs Municipal Corporation to permit City mall to hold ice cream fest in its open area

Recently, the division bench headed by Justice GS Kulkarni and Justice RN Laddha of the Bombay High Court directs the Bombay Municipal Corporation to permit Ghatkopar’s R City Mall to hold a 3-day ice cream fest in its open space.

During a hearing, the court held that organising a limited festival in the Mall’s open space for leisure and amusement of visitors is not objectionable.

citizens visit malls not only for the purpose of shopping but also, for leisure or for amusement, which they would derive not only from shopping activities but also, from visiting different specialized areas created in such malls like the food area, play area, amusement/cinema, etc… there is nothing objectionable and irregular if such malls utilize open spaces for organizing such limited festival for the leisure, amusement and/or enjoyment of visitors of the mall.”

Bombay's R City Mall sought permission for holding a 3-day ice cream fest in their courtyard from April 28 to April 30, 2023. BMC denied permission on the ground that commercial activity is impermissible at the recreational space of the mall under Regulation 27 of Development Control and Promotion Regulations for Greater Mumbai, 2034 (DCPR 2034)

To this, Court noted that no restriction to a temporary commercial activity under Regulation 27.

The court further noted that stalls for the purpose would be installed by persons who already have permanent licenced premises for selling the items inside the mall. Therefore, the mall is not seeking permission for a temporary unregulated commercial activity, said the court.

“…it is only an activity where the visitors of the mall would enjoy the benefit of a variety of edibles at a common open space, which, in our opinion, is a permissible recreational activity within the meaning of Regulation 27.”

Case Title – R Mall Developers Pvt. Ltd. & Anr. v. Municipal Corporation of Greater Mumbai

 

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