Berrys Hotel (MOCHA), et al. v. Municipal Corporation of Greater Mumbai, et al.

Owners of restaurants filed a petition to challenge the legality of a circular issued by the Municipal Corporation of Mumbai, which imposed conditions for "eating house" licenses. These conditions prohibited the sale of tobacco or tobacco-related products in any form and the presence of any device designed to facilitate smoking in smoking areas. The restaurant owners argued that the government did not have the right to impose such restrictions as they amounted to a total ban on the sale of tobacco products, exceeding the power provided by India's tobacco control law. The petitioners further claimed that providing hookahs did not fall within the restrictions and that hookah smoking is not dangerous or injurious to public health. The Court affirmed that the respondents had the power to impose conditions consistent with India's tobacco control law.  The Court dismissed the petitions and upheld the circular, finding no merit to the contention that the Mumbai cannot impose conditions in the licenses issued to eating houses which have the effect of enforcing provisions of India's tobacco control law.


Berrys Hotel (MOCHA), et al. v. Municipal Corporation of Greater Mumbai, et al., N° wp-L-1531-2011, High Court of Judicature at Bombay Ordinary Original Civil Jurisdiction (2011).

  • India
  • Aug 11, 2011
  • High Court of Judicature at Bombay



  • Berry's Hotel Pvt.Ltd. (MOCHA)
  • Devendra Mahendra Sanghvi
  • Harshad Sanjay Shah
  • Maestro Entertainment & Hospitality Pvt.Ltd. (MOCHA)
  • Munib Abdul Hamid Birya of Mumbai
  • Narinder S. Chadha
  • Pankaj Harisingh Rathod
  • Suneet S. Chadha


  • Crusade Against Tobacco (A Branch of Neil Charitable Trust), through its Chairman Mr. Vincent Nazareth
  • The Commissioner of Police
  • The Commissioner, Food & Drug Administration
  • The Executive Health Officer
  • The Medical Officer of Health
  • The Municipal Commissioner of Greater Mumbai
  • The Municipal Corporation of Greater Mumbai
  • The State of Maharashtra
  • Union of India, through the Secretary, Ministry of Health & Family Welfare

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product