The Bombay High Court recently approved the holding of an ice cream festival at a mall in Ghatkopar, noting that people frequent malls not just for shopping but also for entertainment, including dining out, gaming, and movies, among other things.
“It follows that leisure activities connected to entertainment or enjoyment would be considered recreational activities. It is obvious that people visit malls for more than just shopping; they also go there for entertainment, which they get from going to different specialized areas like the food court, play area, amusement/cinema, etc., as well as from shopping, said a division bench of Justices GS Kulkarni and Laddha.
A lawsuit brought by R-City Mall against the BMC’s denial of a no-objection certificate (NOC) to organize a three-day ice cream festival was being heard in court. Because it was a commercial activity and not permitted in the mall’s recreational/open space, the civic body had refused permission.
The high court was also advised that ice cream stands won’t be an uncontrolled commercial activity but rather will be established by people with a license.
The erection of temporary booths, according to the division bench, restricted the activity to three days. Under paragraph (1)(g)(ii), “recreational activities” were permitted.
The court said, “In our opinion, it is only an activity where the mall visitors would benefit from a variety of eatables at a common open space, which is a permissible recreational activity within the meaning of Regulation 27.”
The court said, “We are of the clear opinion that the municipal corporation needs to grant such permission to the petitioners,” while requesting that the BMC issue a NOC to the mall. As a result, we order the municipal corporation to provide the petitioners the necessary NOC or authorization throughout the day. The permit will continue to be valid based on the petitioners’ request.
