McDonald’s plea against BMC quashed

McDonald’s near CST will have to ensure that its patrons do not spill over to the open space outside the restaurant.

The Bombay High Court on Wednesday dismissed a petition challenging the BMC’s order to vacate the space that was occupied by the restaurant for seating more people and for an ice-cream kiosk.

The office of the Assistant Municipal Commissioner (AMC)-A ward Sunil Dhamane had on May 7 ordered the removal of the temporary umbrella put up by the restaurant and the kiosk in the open space in Mahindra Chambers, a Grade II-A heritage building that houses the burger-chain on the ground floor.

 Hardcastle Restaurants Private Limited (HRPL), the owner of the restaurant, had moved the HC against the order terming it “unreasoned, illegal and arbitrary”.

“The space occupied by McDonald’s outside the restaurant premises is a mandatory open space and should be kept that way,” Pratibha Shah, owner of Mahindra Chambers and a respondent to the petition filed by HRPL, said.

In its petition, HRPL had contended that the AMC had not followed an earlier high court order directing the BMC to give the restaurant a fresh hearing and only then pass an order.

HRPL said that in January 2006, it had paid Rs4.92 lakh to BMC for permission to set up the kiosk. However, BMC sent a notice in February 2006 asking McDonald’s to demolish the kiosk. McDonald’s had then filed a suit against the notice in the high court. The petition is still pending. Dismissing HRPL’s latest petition, justices AV Nirgude and RG Ketkar gave it four weeks to appeal in Supreme Court.