Bombay High Court denies urgent relief to hotels from coercive action for not putting up signboards in Marathi

Bombay High Court. File Pic

The Bombay High Court on Tuesday refused to pass any urgent orders granting relief from coercive action to hotels and restaurants in the city for failing to adhere to the Brihanmumbai Municipal Corporation's directive for putting up signboards in Marathi. A division bench of Justices R D Dhanuka and M G Sewlikar said it would hear on Friday (July 8) the petition filed by the Indian Hotel and Restaurants Association (AHAR) seeking extension of deadline to put up signboards in Marathi Devnagari script.

The BMC had directed all shops and establishments in the city to put up signboards in Marathi prominently by May 31. The association had challenged the validity of the May 31 deadline to change the language, font size and order of the language on the signboards.

On Tuesday, advocate Dhruti Kapadia appearing for the civic body sought time to respond to the plea.

Advocate Vishal Thadani, appearing for the association, said if time is being granted to the corporation, then the petitioners ought to be protected from any coercive action till the next date.

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The bench, however, refused and said if the petition is allowed at a later stage, then the penalty amount (if any) would be refunded. The newly added requirements for changing signboards were prescribed by the BMC under section 36A of the Maharashtra Shops & Establishments (Regulation of Employment and Conditions of Service) Act.

The petitioners stated that the amendment issued did not prescribe for a fixed time period. However, through newspaper advertisements and notices issued to the establishments, a deadline of May 31 was fixed by the BMC.

Members of AHAR are ready and willing to change the signboards, the plea stated.

However, the newly introduced norms will require huge expenses and labour to carry out the changes, the establishment owners said.

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The failure to abide by the requirement within the deadline would attract penalty, which could go as high as Rs 5,000, the petitioners said, seeking an extension of six months.

The petitioners prayed that till pendency of the writ, no coercive action be taken against the members.

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