HC temporary stalls demolition of a section of Gaylord restaurant in Churchgate

The Bombay High Court on Monday restrained the Brihanmumbai Municipal Corporation (BMC) from taking any coercive action against Gaylord restaurant, operating at Churchgate since 1956. The civic body has issued the restaurant demolition notice for illegally occupying compulsory open space outside the restaurant and using it as bakery area.

A division bench of Justice Naresh Patil and Justice Shalini Phansalkar Joshi posted the plea filed by the restaurant for further hearing on Wednesday. The corporation issued a demolition notice after refusing to regularise the said structure.

As per an earlier order passed last year the civic body was directed by the high court to consider the application for regularisation made by the restaurant. Following which the reply was heard by the corporation and accordingly an order was passed on March 7, seeking for demolition. The deadline for the demolition was March 27.

The restaurant pleaded in its petition that the corporation failed to appreciate that the awning has been in existence since decades thus has to be considered as a tolerated structure. Similarly the said glass and plywood partition which has been in existence for years cannot be treated as in violation of CRZ Regulations and Heritage Structure Rules. Further the open spaces in front of the restaurant have been legally permitted and necessary licenses have already been issued.

The petition prays that the court quash and set aside the orders of the corporation and restrain it from taking any action against the restaurant.