Brihanmumbai Mahanagarpalika & Anr vs Willingdon Sports Club & Ors

2. Respondent No.1 provides various sporting facilities, viz., golf, tennis, squash, billiards, badminton, etc., to its members. The Catering Department of respondent No.1 provides catering services to the members and occasionally to their guests. By order dated 21.11.1990, appellant No.2 called upon respondent No.1 to make an application for grant of licence under Section 394 of the Act for the eating house. The latter submitted the application on 24.11.1990. Thereafter, Senior Sanitary Inspector of appellant No.1 sent communication dated 3.12.1990 to respondent No.2 requiring him to submit various documents including NOCs from Assistant Engineer (Buildings and Facilities) and Executive Engineer (Buildings Proposals). In compliance of that letter, respondent No.2 furnished some of the documents. However, nothing appears to have been done for the next two years.

4. After four months, appellant No.2 sent communication dated 4.11.1993 to respondent No.2 for compliance of the requirements communicated by Chief Fire Brigade Officer and also by his department. The relevant portions of that communication are extracted below:

4) The Gas installation shall be maintained as per "Industrial & Commercial use of L.P. Gas Rules" and got tested once in year by gas dealer or any competent authority of Inventory to that effect shall be maintained.

c) One dry chemical extinguisher of 10 kgs. shall be kept in Chinese kitchen.” (emphasis supplied) (reproduced from the appeal paper book)

(b) Where articles of food other than snacks are to be prepared and served, there shall be at least 3 rooms one of which shall be used as a dining room, another as a kitchen and the third as a store room. The room to be used for dining and kitchen shall not be less than 11.1484 sq. mt. (120 sq. ft.) each in floor area and not less than 2.440 mt (8 feet) on any side. The third room to be used as store room shall not be less than l/3rd of the total area of the dining room and kitchen upto the maximum of 9.2903 sq. mt. (100 sq. ft.), the height of all these room shall be as required under the Building Bye-laws of the Bombay Municipal Corporation, i.e. 3.050 mt. (10 feet) (c ) where only ready-made articles of food are served. There shall be at least two rooms, one of which shall be used for storing ready-made articles of food and the other as a service room. None of the rooms shall be less than 9.2903 sq. mt. (100 sq. ft.) each in floor area and no less than 2.440 mt. (8 ft.) on any side. The third room to be used as store room shall not be less than l/3rd of the total area of the dining room and kitchen upto the 9.2903sq. mt. (100 sq. ft.). The height of all these rooms shall be as required under the Building Bye-laws of the Bombay Municipal Corporation i.e. 3.050 mt. (10 feet) (2) All the rooms shall be well-lighted and well-ventilated naturally or with the aid of artificial means and the cook room and the dining room especially shall have "thorough ventilation."

(4) Water shall be stored for use during non-supply hours in a brass receptacle with a tight fitting cover and a tap. The receptacle shall be placed on a suitable stand at least 381 mt. (15 inches) height above the floor. It shall be tinned from inside whenever necessary and shall be cleaned twice daily and steps shall be taken to see that water is not contaminated in the process of storing or handling.

(7) A sufficient number of table shall be provided in the room used for eating and cooking. The top of each table shall be covered with marble, zinc or some other equally suitable material presenting a non- absorbent even surface. Only clean cloth or other dusters shall be used to clean tables etc. (8) A proper washing place with tap from Municipal Main Measurement shall be provided in the kitchen. Such washing place shall be properly drained and shall discharge over a half channel gully at least 457 mt. (18 inches) away from the drain inlet and in the case of the trade located in Greater Bombay where drainage system does not exit, the arrangement for disposal waste water shall be such as to meet with the approval of Municipal Health Authorities. In the absence of Municipal Water mains in any area, arrangements shall be made to store such quantity of water and in such manner as will be directed by the Municipal Health Authorities.

17. In the light of the above, we shall now consider whether the High Court was right in taking the view that the expression ‘eating house’ is not applicable to a club. The main reason which prompted the High Court to take that view is that predominant activity of the club is to provide sporting facilities to the members and the catering facilities are ancillary. The other reason given by the High Court is that the food articles are supplied to the members and not to outsiders except when they come to the club as guests of the members and that the catering services are not made available to the members with the object of making profit or gain.

19. As per Merriam Webster Dictionary, the word ‘gain’ means something wanted or valued that is gotten; something that is gained; especially:

28. In the result, the appeal is allowed, the impugned order is set aside and the writ petition filed by the respondents is dismissed with cost of Rs.50,000. The amount of cost shall be deposited by respondent No.1 with Maharashtra State Legal Services Authority within a period of four weeks from today.

29. Within four weeks from today, the respondent shall file an application for grant of licence under Section 394(1)(e) of the Act and produce the necessary documents. The application shall be processed and decided by the competent Authority within next four weeks.

30. It is made clear that appellant No.1 shall be free to initiate proceedings for imposition of penalty on respondent No.1 for its failure to take licence and pass appropriate order in accordance with law.