Bombay High Court
E-Foods Hospitality And Ors vs State Of Maharashtra Through The Home ... on 21 February, 2020
Bench: A.A. Sayed, Anuja Prabhudessai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO.3256 OF 2020
...
E-Foods Hospitality & Ors. ...Petitioners
v/s.
State of Maharashtra & Ors. ...Respondents
...
Mr.M.M.Vashi, Sr.Advocate a/w Ms.Aparna Devkar i/b M.P.Vashi &
Associates for the Petitioners.
Mr.V.S.Gokhale, B-Panel Counsel for the State.
...
CORAM : A.A. SAYED &
SMT. ANUJA PRABHUDESSAI, JJ.
DATED : 21 FEBRUARY 2020
P.C.:
Leave to amend the Petition in terms of draft amendment handed in.
Leave is also granted to annex copy of the impugned letter dated 19-02-2020.
Amendments to be carried out forthwith.
2. The Petitioners are organizing an event styled as `The Weekend Fiesta'
scheduled to be held tomorrow and day-after tomorrow i.e. 22 nd and 23rd February
2020 at Ganpathsheth Tandel Ground, Navi Mumbai. The event is stated to be a
fest for public at large with artists, music, movies, stalls, shopping, food, drinks,
workshops, etc and the entry is by purchase of tickets.
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3. It is the case of the Petitioners that they have obtained necessary
permission (with conditions) from Excise Department for permission to serve the
liquor, and the other requisite permissions from the Thane Municipal Corporation
Fire Department, etc. They have invested around Rs.40 lakhs for arranging the
said event and also taken loans. Several exhibition stalls have already been
booked, payments have been made to various persons including Government
Departments and for advertisements, etc and several tickets have already been
sold. The Petitioners have cited several instances of fests being held in the State
including "Bacardi NH7 Weekender", Craft Beer & Gormet Food Fest", etc. It is
pointed out that the Petitioners have taken measures and provided safeguards by
engaging private security service consisting of 109 security persons (male and
female), 50 volunteers from private event management company, 26 CCTV
cameras at different locations on the ground and one monitoring room, provision
of sniffer dog, installing four Door Frame Metal Detectors at the entry, hand metal
detectors, 4 emergency exits, ambulance with Doctor of Apollo Hospital, 15 fire
extinguisher, water tanks etc. It is pointed out that the Petitioners have arranged
for different colour wrist bands i.e. Legal Drinking Age (LDA) Bands to classify and
distinguish different age groups of visitors [as detailed in paragraph 19 (h) of the
Petition] which would be issued at the time of entry and which would be cross-
checked at the counter.
4. The Learned Senior Counsel for the Petitioners has only addressed us
on the condition imposed on the Petitioners whilst granting the permission vide
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letter dated 19-02-2020 by the Deputy Commissioner of Police, Zone-I. He fairly
conceded that the other permissions are required to be in place. It is submitted
that vide letter dated 15.01.2020 addressed to the Deputy Commissioner of
Police, the Petitioners had sought permission/NOC to hold the event. After filing
of the Petition, on 17.02.2020, the Deputy Commissioner of Police vide his letter
dated 19.02.2020 has as a matter of fact granted permission to hold the event.
However, the Deputy Commissioner of Police has declined permission to serve/
sell liquor on the premise that the event is being held on the open ground and the
possibility of law and order situation being created at the venue cannot be ruled
out. He submits that the apprehension is not reasonable and cannot be
sustained.
5. It is not in dispute that the State Government has granted such
permission for several such events by imposing necessary conditions. The
learned Sr. Counsel has placed on record the order dated 20.12.2017 of the
Division Bench of this Court in PIL (St) 34840 of 2017 (Ratan Soli Luth vs. State
of Maharashtra) relating to an event known as Sunburn Music Festival held at
Pune. The organizers of the said event had averred in their Affidavit filed in the
said case that the State Government had granted permission to sell alcohol/
cigarette in about 25 events in Maharashtra in the year 2016-2017. It is pointed
out that in the said case, the State Government too had supported the case of
organizers and had assured that adequate precautionary measures would be
taken to ensure that alcohol, cigarettes and tobacco products were not sold to the
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persons below the age of 21 years,
6. In the present matter the Petitioner has obtained permission from the
Excise Department for sale of liquor at the event, despite which, the Police
Authority has declined to permit the Petitioner to sell/serve liquor at the event on a
mere apprehension of law and order situation. Undoubtedly, it is within the
domain of the administrative authorities to maintain public peace, tranquility and
orderliness. It is for the Authority to assess the situation and take a decision to
prohibit any act which is likely to create law and order situation, on the basis of the
material before him. In the instant case, the order does not disclose any reason to
entertain an apprehension that if liquor is served or sold, there is possibility of law
and order situation. Suffice it to say that a mere apprehension, not supported by
any material or reasons, cannot be construed as a reasonable apprehension. In
the absence of any material to indicate that the apprehension is imminent and
genuine, it may not be proper for the Authority to decline permission for sale of
liquor. Hence rejection of permission to serve/sell liquor cannot be sustained.
Furthermore, the apprehension of law and order situation can be alleviated by
imposing appropriate conditions and by ensuring that the Petitioners take
precautionary measures relating to sale of liquor/cigarette/ tobacco products at the
event.
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7. In light of the above, we pass the following order:
ORDER
(i) The matter is remitted back to the Deputy Commissioner of Police -
Zone I, Shri Pankaj Dahane, who is present in Court. The Petitioners shall appear before the Deputy Commissioner of Police in the evening today at 6.30 p.m.. The Deputy Commissioner of Police shall consider the fact situation and upon being satisfied accord permission to serve/ sell liquor by imposing necessary conditions as averred by the Petitioners in the present Petition and on such other conditions as highlighted in the order dated 20-12- 2017 of the Division Bench of this Court in PIL (L) No. 34840 of 2017 (Ratan Soli Luth vs. State of Maharashtra) and also provide for other necessary safeguards, as he thinks fit. The Petitioners shall make necessary compliances including payment of charges/deposit as directed by the Deputy Commissioner of Police.
(ii) We make it clear that the Petitioners are required to fulfill all conditions of the permissions granted and also have in place all other necessary permissions under the law (including permissions under the Noise Pollution Rules) for the event and this order shall not operate in any manner as a blanket permission to hold the event. Uday.P.Kambli 5/7 ::: Uploaded on - 26/02/2020 ::: Downloaded on - 11/06/2020 01:58:50 ::: 6/7
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(iii) If the event is held, necessary police personnel shall be deployed by the Police to ensure that no untoward incidents take place and law and order is maintained and all necessary compliances under the law and the conditions of permissions are adhered to by the Petitioners.
(iv) If the event is held, the Petitioners shall restore the site/ground to its original condition in all respects forthwith after the event, and the Petitioners' failure to do so would itself be a ground to deny future permissions to the Petitioners for holding any such event. This, apart from any other action that may be taken by the Authorities against the Petitioners as per law.
(v) In the event the Petitioner violates the conditions, the law enforcing Authority are at liberty to initiate action against the persons concerned as may be necessary.
(vi) We make it clear that the above directions only pertain to the issue of imposing a condition of not serving liquor whilst granting the permission dated 19-02-2020 to hold the event by the Dy. Commissioner of Police in the facts of the present case and shall not be cited as a precedent either by the Petitioner for permissions in future or by any 3rd parties seeking permissions for organizing any event in future.
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(vii) The Respondent No.6 shall take appropriate decision on the Application of the Petitioners dated 24-12-2019, forthwith.
(viii) Learned Counsel for the State fairly states that since presently it is almost 5 pm, in view of the paucity of time, the directions of the Court which have been orally communicated, shall be complied with without waiting for this order to be uploaded.
8. The Petition is disposed of in the above terms. List the Petition `for directions' on 3 March 2020.
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