While refusing to interfere with notices issued to various bars and restaurants for alleged noise pollution and violation of other norms, the Karnataka High Court on Thursday directed the BBMP to give a hearing to owners of bars and restaurants before initiating further action, like ordering closure of such establishments.
Justice Vineet Kothari passed the order while disposing of petitions filed by A.A Hospitality, which runs a restaurant in the name of Open Box on St. Marks Road, and Azure Hospitality Pvt. Ltd., which operates a restaurant named Sly Granny in Indiranagar.
Though the court said that contents of the notices issued by the BBMP lacks standard, it said that the notices were issued absolutely for bonafide reasons, as the noise pollution is not only the concern of the authorities but also the general public.
The court also found that the petitions are premature as they have to respond to the notices served to them by the authorised officers of the BBMP while pointing out that it would be the responsibility of the BBMP to comply with the principles of natural justice by giving the petitioners and others a hearing before taking final action on the alleged violations.
Also, the court made it clear that the BBMP can examine whether over 70 bars and restaurants, which were served notices, have complied with fire safety and other regulatory norms apart from verifying noise pollution levels.
Earlier, in response to the court’s query, BBMP counsel V. Sreenidhi said that notices were served to about 70 bars and restaurants on December 26, 2017 based on genuine complaints of noise pollution, the increasing fire mishaps in the city, and lack of fire safety norms. However, the counsel made it clear that it is not the case of the BBMP that all these establishments are illegal.
