Two Bandra eateries get relief from demolition

Mumbai: The Brihanmumbai Municipal Corporation (BMC) has been forced to stop demolition proceedings against two well-known eateries on Waterfield Road in Bandra, after they produced evidence of the requisite permission to use the open space abutting their premises from the civic corporation earlier this year. The eatery also pointed to various discrepancies in the demolition notice which riled the court and convinced it to stay the demolition.

A bench of Justice G. S. Patel was hearing a writ petitions filed by Ace Clubs and Resorts Private Limited, which operate the famed Stomach and Madras Diaries eateries at Bandra, seeking restraining orders against the BMC from demolishing its premises for which they had permission from the health department.

While making submissions on behalf of the petitioner, advocate Ashraf Ahmed Shaikh said that there were discrepancies in the working of the civic officials and malafide intentions of the BMC officers, while threatening to damage the property of his client. He further pointed out inconsistencies in the notice based on which demolition was threatened as there was scribbling on the date.  

The BMC advocate Pooja Yadav tried to justify the discrepancies in the inspection report, stating that as the manager was unavailable to receive the notice on the printed date, the date had to be overwritten with the next date of serving notice.

After hearing both sides, the bench chided the BMC’s health department officer for acting in haste without following proper procedure. Justice Patel said that the license issued should contain provisions binding on the licensee to carry out the business. The court further said that in the event of demolition notice being issued, the BMC should specify under what provisions the said action is initiated and it should be unambiguous.