Bombay High Court Allows Mall in Ghatkopar to Hold Three-Day Ice Cream Festival

The Bombay High Court recently granted permission to R-City Mall in Ghatkopar to hold a three-day ice cream festival. A Division Bench of Justices GS Kulkarni and RN Laddha opined that there is nothing objectionable or irregular about malls utilizing open spaces for organizing such limited festivals for the enjoyment of visitors.

The court noted that citizens visit malls not only for the purpose of shopping, but also for leisure or amusement. The court further stated that activities like these are permissible recreational activities within the meaning of Regulation 27.

R-City had approached the High Court against an order of the Brihanmumbai Municipal Corporation (BMC) refusing to grant them a no-objection certificate (NOC) to hold the festival. BMC refused permission stating that such commercial activity was not permissible at the open space of the mall. In response, R-City argued that the activity is for a limited period of about three days and would involve the installation of temporary stalls. It further said that these stalls would be installed by shops that already have permanent licenses at the mall.

The High Court, with these observations, directed BMC to grant an NOC to the mall to conduct the festival. Advocates Mayur Khandeparkar, Saket Mone and Devansh Shah, briefed by Vidhii Partners, appeared for R-City Mall. Advocate Pooja Yadav appeared for BMC.

Case: R Mall Developers Pvt. Ltd. & Anr. vs The Municipal Corporation of Greater Mumbai

Counsel for Applicant: Adv. Mayur Khandeparkar a/w. Adv. Saket Mone and Adv. Devansh Shah

Counsel for Opposite Party: Adv. Pooja Yadav

Order Date: 26.04.2023