Bombay High Court grants interim relief to marriage hall owner to avoid 'heart break' to bride, groom who booked hall for wedding

The Nagpur bench of the Bombay High Court on Friday protected a marriage hall from action by the Maharashtra Pollution Control Board (MPCB), noting that the hall owner had already agreed to host wedding functions and if the same do not go through, it would 'break the hearts' of the bride and groom [Lobhaji Appa Gawali Mangal Karyalay (Bhawan) vs Maharashtra Pollution Control Board]..A division bench of Justice Sunil Shukre and Anil Pansare said that though the hall owner (petitioner) should not ideally be protected, interim relief should be granted to protect the interest of third parties who had booked the hall for wedding functions. "This Court is required to examine the consequences of denial of any interim relief to the petitioner and if such denial impacts the private parties, the Court would also be required to consider whether the adverse impact created upon the private parties could be adequately compensated or not," the bench said.The Court was of the view that if it does not grant interim relief, the private parties who booked the hall would suffer. "They (private parties) are likely to suffer irreparably, for no fault on their part, especially when, payment of compensation would bring no adequate relief to them. After all, not allowing the petitioner to go ahead with the proposed marriage function would ultimately lead to cancellation of marriage between young bride and groom causing great trauma, pain, inconvenience and financial loss and some times even resulting in breaking of hearts," the bench opined. .The Court, therefore, ordered the civic authorities and also the MPCB to restore the electricity and water supply to the hall for a period between November 24 and November 28, so that the ceremonies take place without any hindrance.The bench was hearing a plea filed by a marriage hall owner, who sought restoration of electricity and water supply on the ground that it had already taken payments from private parties to host a wedding ceremony. The hall faced the stringent action on account of its failure to comply with basic rules like setting up a proper sewage treatment plant, proper chimney in the kitchen, proper exhaust system and ventilation etc. The authorities had given the hall owner time to comply with its order passed on July 14 this year. He however, failed to comply with the said orders after which on October 31, further orders were passed disconnecting electricity and water supply..The bench initially refused to protect the petitioner on the ground that despite four months time given to him, he failed to comply with the orders of the authorities.However, considering the fact that private parties had already paid money for their marriage events, the bench granted interim relief to the hall owner, subject to him depositing ₹3 lakh with the court to prove his bonafides. He was also asked not to accept new booking till further orders..Advocate SN Tapadia appeared for the Petitioner. Advocate AS Thotange represented a Respondent..[Read Order]