Permitting 50% Capacity In Cinemas But Only 50 Wedding Guests Discriminatory: Nagpur Banquet Owners Association Moves Bombay High Court

The petition filed by Mangal Karyalaya & Lawn Association alleges that while guests at social gatherings are restricted, cinema halls, theatres, malls, restaurants are permitted to carry on their businesses with 50% capacity for the doubly vaccinated.

"This is an unreasonable classification resulting in impermissible discrimination," the petitioners represented by Advocate Shyam Dewani for the petitioners said. Imposing additional curbs and restrictions without any rationale is arbitrary and violative of Article 14, 19(1)(g) & Article 21 of the Constitution.

Additional GP S.S Doifode submitted that recently the Collector, Nagpur, has sent a proposal to the Principal Secretary, Disaster Management, Relief and Rehabilitation Department, Mumbai on February 10, 2022 recommending several relaxations in the restrictions imposed earlier on account of Covid-19 Pandemic. Therefore, according to them, the petition has been filed prematurely.

After a brief hearing, the division bench of Justices Sunil Shukre and Anil Pansare issued notices to the respondents and posted the matter for hearing on February 16.

"The grievance is that… Mangal Karyalaya/ Banquette Halls and Lawns where marriage functions are held and solemnized are not being permitted to carry on their business and operations with same capacity of persons who have taken both the doses of vaccination," the order issuing notice read.

The petitioners with banquet halls and lawns admeasuring 19,000 sq ft – 27,000 sq feet say they are well stocked with Covid compliant equipment. Further, they obtain undertakings from organizers to ensure all covid protocols are followed.

On January 30, 2022, more than 90% of people were vaccinated with the first dose, and 70% of people were vaccinated with both the doses in 11 districts. Unfortunately, the name of Nagpur District was not amongst them.

Irrespective, while cinema halls were allowed to operate with 50% capacity, and marriage halls in Mumbai were allowed 200 persons, Nagpur did not permit over 50 people in their marriage halls.

"It is therefore submitted that such approach absolutely shows high-handed approach on the part of the Authorities and so as to only discriminate the City of Nagpur by and large," the petition states.

The association emphasized that Nagpur is considered a local destination-wedding place. However, due to "the unreasonable restrictions" and "unpredictable atmosphere" created by the State of Maharashtra, the customers, particularly those who are planning for the weddings need at least 3-6 months, are not looking for options outside Nagpur to ensure that they get stability and security and there is no unnecessary cancellation or postponing the said marriage.

They further alleged that their Fundamental Right to carry on their trade is being affected and the restrictions imposed are improper, unreasonable and excessive apart from being discriminatory.

"The State Government instead of increasing the vaccination and making the vaccines available is trying to impose curbs which would ultimately not only lead to loss of livelihood but also cause immense harm to the economy and the mental health of the citizens."

They add that inspite of such difficulties, none of the Governmental Authorities has not given the businesses any rebates, concessions or benefits.

"It is equally well-settled principle of Law that nobody can be given benefit of a calamity or adversity, much less, the State Government cannot unjustly enrich themselves and their exchequers by collecting taxes and duties in all forms possible and not providing with necessary compensation or rebate or concession."

The petition will now be heard on Wednesday.