‘Malls Not Just For Shopping But Leisure Too’: BMC Told to Give NOC to Ghatkopar Mall for Ice Cream Fest

The Bombay High Court recently allowed an ice cream festival to be held at a mall in Ghatkopar while observing that the public visits malls not just for shopping but also leisure activities like eating out, gaming, cinema among others.

“It is thus clear that recreational activities would include amusement or enjoyment-related leisure activities. It needs no elaboration that citizens visit malls not only for the purpose of shopping but also for leisure or for amusement, which they would derive not only from shopping activities but also from visiting different specialised areas created in such malls like the food area, play area, amusement/cinema, etc,” a division bench of Justices GS Kulkarni and Laddha observed.

The court was hearing a plea filed by R-City mall against the BMC’s refusal to grant a no-objection certificate (NOC) to hold a three-day ice cream festival. The civic body had refused permission on the grounds that it was a commercial activity and not permissible at the recreational/open space of the mall.

The high court was also informed that ice cream stalls will be set up by those who have a licence and will not be an unregulated commercial activity.

The division bench said the activity was for a limited period of three days by the installation of temporary stalls. The regulation allowed “recreational activities” under clause (1)(g)(ii).

“…It is only an activity where the visitors of the mall would enjoy the benefit of a variety of eatables at a common open space, which, in our opinion, is a permissible recreational activity within the meaning of Regulation 27,” the bench noted.

While asking the BMC to issue an NOC to the mall, the bench said, “We are of the clear opinion that the municipal corporation needs to grant such permission to the petitioners. We, accordingly, direct the municipal corporation to grant appropriate NOC/permission to the petitioners during the course of the day. The permission shall remain valid as per the application of the petitioners.”

Read all the Latest India News here