Fact 

In the matter of Sayli B Parkhi vs State of Maharashtra, a show-cause notice was sent to Sayli Parkhi by the M-West ward of the Municipal Corporation of Greater Mumbai (MCGM), asking her to explain why the “eating house licence” she was granted should not be revoked after it was discovered three times that her restaurant, “The Orange Mint,” was providing customers with herbal hookah.

Argument Advanced 

The applicant claimed that this violated general license conditions that forbade hookah service in restaurants. The Appellant criticized it to be highly unacceptable since it violated the general license condition, endangered public safety and put lives in danger.

Judgement 

A restaurant in the eastern suburbs of Mumbai was denied permission to serve herbal hookah after the Bombay High Court’s division bench of Justice Girish Kulkarni and RN Laddha ruled that restaurants and eateries are not permitted to serve hookah, including herbal hookah, and that doing so would constitute a nuisance because a restaurant is a place where children, women, and elderly people congregate.

The bench further noted that, if allowed, every restaurant in the city can serve “hookah,” the specifics of which the Municipal Commissioner is unable to determine while doing his regular duties. This would lead to an out-of-control situation that would be impossible to control. The court held that no action that is not expressly authorised by the license’s terms and conditions can reasonably be assumed to be covered by any licence requirements. Such an interpretation of the licence terms would be ludicrous.

The bench further noted that, if allowed, every restaurant in the city can serve “hookah,” the specifics of which the Municipal Commissioner is unable to determine while doing his regular duties. This would lead to an out-of-control situation that would be impossible to control. The court held that no action that is not expressly authorised by the license’s terms and conditions can reasonably be assumed to be covered by any licence requirements. Such an interpretation of the licence terms would be ludicrous.

The Municipal Commissioner has appropriately used his discretion and authority to stop the petitioner from conducting smoking or hookah activities in the restaurant. The Municipal Commissioner is required to apply his mind to matters that are dangerous to the life, health, or property of the citizens when granting licences.