Need Judgment of Bombay High Court
Basavaraj
(Querist) 16 July 2011
This query is : Resolved
Dear Members,
Could you please provide me the Bombay High Court judgment dated 13-0-7-2011.
I went through the High Court website, but I could not get it. A division bench of Chief Justice Mohit Shah and Justice Girish Godbole
Please Help m out:
Subject matter: Court upholds BMC ban on hookahs in eateries
MUMBAI: The Bombay high court on Wednesday upheld a circular issued by the Brihanmumbai Municipal Corporation (BMC) banning the use of hookah and other tobacco products in restaurants and eateries.
A division bench of Chief Justice Mohit Shah and Justice Girish Godbole was hearing a public interest litigation filed by an NGO, "Crusade Against Tobacco", alleging that hookah parlours were selling tobacco products to minors and violating several other rules prescribed under the Cigarettes and Other Tobacco Products Act (COPTA).
Following directions of the court, the BMC, on July 1, 2011, issued a circular, saying "licensee shall not keep or allow to keep or sell or provide any tobacco-related products in any form, whether cigarette, cigar, bidis or otherwise, with the aid of a pipe, wrapper or any other instrument in the licensed premises". The circular also said that the commissioner may permit smoking area in an eating house with a capacity of thirty persons or more. "The smoking area shall be used only for smoking and no other service or any apparatus designed to facilitate smoking shall be provided. No person below 18 shall be permitted in the smoking area," the circular said.
Owners of several restaurants with attached hookah parlours moved the high court. Their counsel S U Kamdar argued that the circular implied a total ban. "They have banned much more than curtailing. Act does not totally ban hookah. Under the rules, if one provides a separate smoking place, it does not become part of the restaurant,'' said Kamdar.
The judges said there is no merit in the arguments advanced on the behalf of owners of hookah parlours and directed the state government to inform all municipal corporations across Maharashtra to implement the circular within a month.
Petitioner's lawyers Zal Andhyarujina and Sanjay Kadam argued that restaurants do not follow the rules for segregation of smoking and non-smoking areas, thereby exposing non-smokers to air pollution. "There is no effective mechanism to filter out major from minor persons," argued Andhyarujina. He said merely raiding would not solve problem but a constant surveillance on a daily basis was required. The court has adjourned the matter to July 28, 2011 to see the compliance of its directions.
The judges directed the government to inform all municipal corporations across the state to implement the circular within a month.
I will be great full if anyone send this advance.
prabhakar singh
(Expert) 16 July 2011
DEAR Expert : Shailesh Kr. Shah NO Bombay High Court judgment dated 13-0-7-2011 FOUND ON www.indiankanoon.org .
Basavaraj
(Querist) 18 July 2011
Yes Prabhakar ji this is recent judgment passed by Bombay High Court on 13-07-2011, it wont come on www.indiankanoon.org.
Can someone help me out.
