Bombay HC raps civic body’s rooftop policy

Mumbai: The Bombay high court (HC) on Monday pulled up the Brihanmumbai Municipal Corporation (BMC) over its proposed rooftop restaurant policy.

The court said that a terrace is a common facility that is supposed to be used by everyone. Its use by only some members or owners cannot be allowed, the court observed.

The court also asked how the ill-fated Mojo’s Bistro and 1 Above pubs at Kamala Mills were allowed to run hotels on the terrace.

The court said that once licences are issued to pubs and restaurants to operate, there is no monitoring thereafter, and renewal of licences becomes merely a paper work exercise.

A division bench of Justice R.M. Borde and Rajesh Ketkar was hearing a PIL filed by former Mumbai police commissioner Julio Ribeiro pertaining to Kamala Mills fire incident in which 14 people lost their lives and 31 were injured.

The petition sought a judicial inquiry into the incident. Under the rooftop policy, restaurants can be allowed on the terraces of only certain buildings .

The policy allows terraces of buildings that are commercial mall buildings or residential hotels with eating-houses and lodging services available provided it does not create a nuisance to the occupants.

According to the policy, no cooking or preparation of eatables by means of LPG or open flame can be allowed on terraces.

The court on Monday sought to know from the BMC if there was any policy that allowed it to grant licences to restaurants and pubs to operate on the rooftop or terrace of a building.

“We do not understand how a restaurant or pub can be permitted to operate on the terrace of a building. A terrace is supposed to be a common open area accessible to all occupants of the building,” the court said.

The BMC’s counsel, Anil Sakhre, informed the court that there was a policy in place. The bench then directed him to submit before it the policy and also all the licences granted to the two pubs where the fire had occurred.

Mr Sakhre informed the court that 12 officials from the civic body and the fire brigade department had been booked in the case for alleged negligence and a departmental inquiry has also been initiated against them.

The court then said that apart from holding officials responsible for the fire, the BMC should now start the inspection process at all eateries in the city and see whether the conditions imposed on them are being adhered to.

The Court further said authorities must take the Kamala Mills fire incident as an opportunity to start monitoring hotels, restaurants and other eateries, as the safety of people is paramount. The court observed that there is a rampant violation of norms, and constant checks are required, failing which such incidents will continue to occur.

The court also said that it was time the authorities, including the civic body and the state government, came up with an independent mechanism to regulate and monitor such establishments.

The court has kept the matter for further hearing on February 14.