BMC Circular Banning Cooking On Footpaths Using Gas Or Grill Not Applicable To Vendors Using Induction Cooking: Bombay High Court

The Bombay High Court on Monday (November 3) held that the Circular issued by the Brihanmumbai Municipal Corporation (BMC) in 2018 prohibiting cooking of eatables on footpath with the help of gas, stove or grill, will not apply on food joints like the popular 'Jai Jawan' which are using electronic induction vessels.

With this finding, single-judge Justice Firdosh Pooniwalla came to the rescue of an ex-army man, who was stopped from carrying out his business selling fish by frying it in an electronic induction vessel.

The judge therefore held that the order passed on August 14, 2019 by which the petitioner Rajinder Singh was stopped from carrying out his business, was illegal.

"What is prevented by the said Circular is cooking of eatables on a footpath/road with the help of gas/stove, Grill. The Petitioner is not cooking on a footpath or road but in a Jai Jawan stall. Further, the Petitioner is not using gas/grill but an electric induction vessel. In these circumstances, in my view, the direction given to the Petitioner by the Order dated August 14, 2019, to stop the business of frying fish in the stall is illegal and is not as per the said Circular," Justice Pooniwalla held. 

The bench noted that the petitioner Singh was permitted to operate the Jai Jawan food stall and was given a licence to sell fish fry. The petitioner was a former serviceman, who was a war casualty disabled person involved in the Indo-Pak wars of 1965 and 1971. The petitioner has been selling fish fry at this popular food joint which is situated on famous Linking Road in Bandra.

In his order, Justice Pooniwalla noted that on the surprise inspections on various occasions till January 2019, Singh was found to be selling fish fry, which was an approved commodity.

However, on January 22, 2019, the inspection team noticed that Singh was using an 18 inches electronic induction vessel. Therefore, the authorities relied on the 2018 Circular, which prohibits cooking of eatables on footpaths or roads with the help of gas, stove or grill. 

In his defence, Singh through his counsel Jacob Kadantot, argued that he was selling fish fry on the basis of a valid licence issued in his favour and that he was instead not using any gas or grill which is banned under the said Circular. He even furnished photos of various such eateries which were cooking food using gas just opposite the H-West Ward (in Bandra) office of the BMC, outside Small Causes Court (in Fort) etc. 

The judge, while noting that electronic induction was not prohibited, said, "Therefore, it is clear that the Petitioner was carrying on the business of selling fish fry from his Jai Jawan stall for many years on the basis of the permission given by the BMC. The impugned order is quashed and set aside."

With these observations, the bench ordered the civic body not to prevent or obstruct Singh from proceeding with his business. 

Appearance:

Advocate Jacob Kadantot appeared for the Petitioner. 

Advocates Vaishali Ugale and Komal Punjabi represented BMC.

Case Title: Rajinder Singh Sohan Singh vs The Municipal Corporation of Greater Mumbai (Writ Petition 3004 of 2019)

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