Restaurants serving and selling hookahs in the city will soon have to shut shop, as the Brihanmumbai Municipal Corporation (BMC) has decided to impose a ban on hookahs in restaurants.

On Thursday, the BMC told the court that it would take action against all hookah joints in the city. Municipal Commissioner Jairaj Phatak in his affidavit stated that hookah facilities being offered at various establishments are doing so in violation of licensing conditions. In view of this and in public interest, “action will be initiated wherever hookah facilities are being offered,” Phatak has stated.

A division bench of Justice S B Mhase and Justice Ashutosh Kumbhkoni was hearing a petition filed by Shri Khuntu Impex Pvt Ltd, which runs Nukkad, a restaurant near Wilson College in south Mumbai, against the closure notice issued by the BMC for serving hookahs to its patrons. The civic administration has decided that no permissions will be given for sale or serving of of hookahs by restaurants to youngsters or adults.

“Smoking in public places is banned, therefore hookahs will not be allowed,” said Additional Municipal Commissioner Kishore Gajbhiye. While the Shops and Establishments Act has provisions for enclosures within restaurants where smoking can be permitted, the BMC is firm that hookah smoking will not be allowed.

“Hookahs are dangerous to both self and others. Moreover, in enclosures, people bringing cigarettes on their own can smoke, but sale of hookahs will not be permitted,” Gajbhiye said. “‘We are clear on not allowing any sale of hookahs in the city,” he said.

The civic body has so far served 59 hookah bars show-cause notices asking why action should not be taken against them. Two hookah bars, Nukkad and one in the eastern suburbs, have also been shut ever since Mayor Shubha Raul launched her drive against youngsters smoking hookahs. An affidavit filed by Dr G T Ambe, joint executive health officer, states that Nukkad was serving only hookahs and no food. Further, by serving hookahs near an educational institute, it violated the Cigarettes and Other Tobacco Products (Prohibition of Advertising and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, it said. However, the management of Nukkad has now given an undertaking that it will not serve hookahs any longer.