Gujarat HC allows restaurant to give undertaking to civic body not to sell non-veg food for desealing

In a recent order, the Gujarat High Court granted relief to a restaurant that was sealed by the Anand Municipal Corporation for allegedly selling non-vegetarian food in breach of its lease agreement and causing public nuisance.

The court said that, it is open for petitioner - Mohammed Asif Seliya to submit an undertaking abiding the condition regarding the prohibitory items, which also includes restriction on non-veg food, to the municipal authorities, requesting the removal of the seal. 

The notice cited a breach of "condition no. 4" in the lease agreement dated June 1, 2016, which prohibits the use of non-vegetarian food along with other restricted items in the shop. The agreement further stipulates that any breach entitles the corporation to discontinue the lease without prior notice.

The court observed that the lease agreement is a contractual arrangement binding on both parties under Section 37 of the Indian Contract Act.

The counsel for the municipal corporation argued that the premises houses a school on the first floor, where young children study, and the sale of non-vegetarian food causes public nuisance. It invoked Section 376A of the GPMC Act, which empowers authorities to stop the use of premises if it is dangerous or causes nuisance.

On the other hand, the petitioner's counsel contended that any alleged breach of the lease should be addressed through civil law remedies rather than administrative action like sealing. The petitioner asserted lawful occupation, regular payment of rent, and legitimate use of the shop as a restaurant.