LANGUAGE

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.