Bombay HC Orders Orchestra Licence For Magmus Bar On SV Road In Khar
The Bombay High Court has quashed administrative orders that denied an orchestra and live music performance licence to Magmus Bar and Restaurant on SV Road in Khar (West). In an order passed on September 16, the court directed the licensing authority to grant the required permit to the establishment within four weeks.
Justice N J Jamadar ruled in favour of the operating company, which had approached the high court after its application was repeatedly rejected by administrative authorities over concerns of potential public disturbance. In his ruling, Justice Jamadar observed that the authorities proceeded to refuse a performance licence despite the petitioner complying with all requirements.
Prior to the refusal, the application had received local administrative clearances. Both the Senior Inspector from the Khar police station and the Assistant Commissioner of Police (Bandra) had issued No Objection Certificates for the premises.
Despite those approvals, the licensing and competent authority, the Deputy Commissioner of Police (HQ-hotel branch), rejected the application on October 1. The refusal was based on apprehensions that live music performances at the venue could create a law and order problem and disturb social harmony. The establishment subsequently appealed the rejection, but the Divisional Commissioner (Konkan) dismissed the plea on June 2.
During the proceedings, the state contested the restaurant's petition. State advocate V R Raje argued that reports and clearances from subordinate police officers were purely recommendatory in nature and not binding on the Deputy Commissioner of Police.
The state further submitted that licensing authorities had taken into account criminal cases registered against the company's directors. Officials also raised objections that an orchestra performance would draw unruly patrons, increase traffic congestion on the surrounding roads, and trigger altercations with neighbouring residents.
Setting aside the previous rejections, the high court ruled that the licence must now be issued by the competent authority within the stipulated four-week timeframe.
