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Bombay high court: Mumbai restaurant with eating house permit can’t serve herbal hookah on the menu.

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MUMBAI: Bombay high court held herbal hookah cannot be on the menu in a restaurant operating on an eating house license from the Brihan mumbai Municipal Corporation (BMC).
It cannot be countenanced that grant of a license to conduct an eating house is deemed to include a license to conduct Hookah activities and the civic chief is certainly required to consider issues that could be a nuisance or dangerous said A bench of Justices Girish Kulkarni and R N Laddha on April 24 denying permission to ‘The Orange Mint’ a lounge in Chembur to serve herbal hookah (HH).
The HC held that the Mumbai municipal Commissioner Iqbal Chahal has appropriately exercised his discretion under the Mumbai Municipality Act, to prevent HH being served at the lounge. The BMC is noted expected to keep a “continuous vigil’’ on hookah activity of the petitioner said the HC adding, “Once it is clear that hookah activities are not part of the Eating House license conditions, such activity cannot be permitted”.
Justice Kulkarni authoring the order, gave an illustration saying, “In a restaurant or eating house, where children, women and elderly visit for refreshments/eating, it cannot be expected that hookah is one of the menus being served and more particularly of the category as offered by the petitioner using flame or burnt charcoal.’’ The HC said, “This would amount to an absolute nuisance’’ at the restaurant and were it to become a reality, “the impact it would create on such customers at the eating house can just be imagined”.
Under Section 394 of the Municipal Corporation Act, restaurants are issued an eating house license to operate. Section 394, said the HC prohibits certain trades, processes and operated without a license and empowers BMC To seize, destroy to prevent danger or nuisance.
But the section cannot be interpreted to mean such license would permit the restaurant to serve ‘herbal hookah’ said the HC whose order was made available on May 1.

“The Municipal Commissioner in granting license is certainly required to apply his mind to such issues which are dangerous to life, health or property of the citizens, as also, on issues which are likely to create a nuisance…’’the HC said.

Entrepreneur, S B Parkhi, the petitioner through her counsel counsel Mayur Khandeparkar submitted that the license issued by the BMC would include serving of ‘herbal’ hookah. The challenge was to April 18, 2023 order assed by the Medical Officer Health, M/West
Ward, directing to stop serving such herbal hookah within seven days, else they
eating house license shall be revoked, without any further notice.
Brihan Mumbai Municipal Corporation (BMC) lawyer Kunal Waghmare took the stand that an eating house license would not permit any such hookah activity.
Authoring the order, Justice Kulkarni said the section cannot be interpreted “narrowly”.
“On a holistic reading of Section 394 of the MMC Act, the contention of the petitioner that the eating house license granted to her permits “hookah activities” or conducting any “hookah parlour” under the terms and conditions of the eating home license, is totally untenable,’’ held the HC adding, “ The canvass of Section 394 of the MMC Act, is quite broad to take within its ambit articles, trade, operations, which are dangerous to life, health or which are likely to create nuisance, as quite extensively described in the provision”.
The HC reasoned that the legislatures’ intention can be derived from the clear wordings that include in its ambit any article, trade, process or operation which in the opinion of the civic chief are dangerous to life, health or property or are likely to create nuisance “either from its nature” or by reason “of the manner” in which or the conditions under which the same are or are proposed to be used and carried on.

Maharashtra

Strict action against contractor for negligent road concrete work; Ban on tendering for next 2 years, fine also imposed

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Mumbai: Construction of cement concrete roads is going on at a fast pace in the Brihanmumbai Municipal Corporation (BMC) with the aim of making the roads free from potholes. The BMC administration is stressing on ensuring that the work is of the highest standard.
Strict action is being taken against those who are substandard or negligent.

In this regard, the contractor who caused unacceptable delay in the road concrete work in the Aarey Colony area has been debarred from participating in the tender process of all BMC departments for the next 2 years, and a fine of Rs. 5 lakh has also been imposed.
Similarly, the registration of 2 ready mix concrete (RMC) plants has been cancelled and they have been debarred from supplying concrete mix for any BMC project for 6 months.
In addition, a fine of Rs. 20 lakh each has also been imposed on 2 road contractors.
All these actions have been taken on the directions of BMC Commissioner Shri Bhushan Gagrani. He has made it clear that *no negligence or lapse in the road concrete work will be tolerated* and strict action will be taken against the guilty.

Specific Incidents:

  1. *Aarey Colony – Dinkar Rao Desai Road*:
  • The quality of work was found to be poor in the inspection by Additional Commissioner (Projects) Shri Abhijeet Bangar.
  • The contractor was issued a notice, fined Rs. 5 lakh and directed to rectify immediately.
  • Delay in repairs also resulted in a ban on participation in tenders for 2 years.
  1. *Dr. Neetu Mandke Road, M-East Ward – 20 March 2025*:
  • During a surprise inspection, a difference was found in the slump test (160mm at the plant, 170mm at the site).
  • The concrete load was rejected, the vehicle was sent back, the RMC plant was fined Rs. 20 lakh and banned for 6 months.
  1. *Karagroh Road, B Ward – 1 April 2025*:
  • Slump was found to be 65mm at the plant while 180mm at the site.
  • Notice was given to the contractor and RMC plant, despite admitting the mistake, a fine of Rs 20 lakh and a supply ban of 6 months were imposed.

Importance of Slump Test:

Slump test is done to check the “workability” of concrete. It shows the ratio of cement to water.
If the water is too much, it has a negative impact on the quality.
That is why BMC has made slump test mandatory at both ready mix plants and sites.

Additional Commissioner Mr. Abhijeet Bangar said that BMC officers are inspecting the work themselves, and if any flaw is found, strict action will be taken against the responsible individual or institution. All contractors have to be careful, because no compromise with quality will be accepted.

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Maharashtra

ICC, BCCI, ECB and CA to bankroll plan to support Afghan women cricketers: Report

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Mumbai, April 16: The International Cricket Council’s (ICC) plans to support the exiled female cricketers from Afghanistan will be bankrolled via contributions by the Board of Control for Cricket in India (BCCI), England and Wales Cricket Board (ECB) and the Cricket Australia (CA), a report claimed on Wednesday.

The initiative to assist Afghanistan’s displaced women cricketers, which will include coaching and mentorship, “will be constituted through a dedicated fund,” and it will be fully funded by the ICC and the three boards.

An ICC spokesperson confirmed to ESPNcricinfo that the fund will not include any contribution from the Afghanistan Cricket Board. The ACB will continue to receive its full amount from the ICC.

The ICC has recently announced that it will put in place a plan to support women cricketers exiled from Afghanistan after the Taliban took control of the country and banned the participation of females in sports and disbanded the teams.

“Last year, the prospect of ring-fencing an amount for women’s cricket from the ACB’s portion of the ICC’s revenue distributions was discussed but that plan did not come to fruition. The ACB is the only Full Member board that does not field a women’s team, and is not able to because of the severe restrictions on women’s rights after the Taliban’s return to power in Afghanistan in 2021,” the report claimed.

The report also said, the ICC’s latest plan to engage with Afghanistan’s female cricketers neither amounts to official recognition nor does it clear the path for Afghanistan to field a women’s team, as such a team can only be ratified by the ACB. Instead, the ICC hopes to work with Afghanistan’s female cricketers to provide them with both access to the game and funding for further education.

“The ICC does not select a team for Afghanistan. Rather, we are committed to addressing the complexities of the issue and finding a solution that fits within the ICC’s legal and constitutional framework,” the spokesperson was quoted as saying in the report.

The report also confirmed that the ICC’s initiative will not be limited to the 19 Afghan cricketers resident in Australia but, “the plan is to include all displaced Afghan women cricketers regardless of their location.”

The ICC has so far not clarified on what will the Afghanistan women cricketers in exile do after getting coaching and mentorship from this fund.

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Maharashtra

Mahayoti government’s deception with Ladli sisters, reduction in Ladli sisters’ installments is a betrayal: Abu Asim Azmi

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Mumbai: Maharashtra Samajwadi Party leader Abu Asim Azmi has termed the reduction in the installment of Ladli sisters as a fraud. He said that the way cash is illegally distributed for votes on election night, one thousand and two thousand rupees are distributed in the areas for votes per person, in the same way, women were lured under the Ladli sister scheme before the elections. This is a kind of deception of the Mahayoti government and now that the meaning has been revealed, they do not recognize it. He said that will the Mahayoti government also return the votes of these Ladli sisters that these sisters had given to them in the elections? He said that due to the Ladli sister scheme, the government treasury was burdened. The salaries of government employees, doctors and other staff have also been paid late, in such a situation, the government has deceived the Ladli sisters. After the elections, an increase in the installment was announced and a promise was made to give Rs 2100, but now it has been reduced from Rs 1500 to Rs 500. The government had included more than two crore women in the Ladli Behan scheme, but now they are being disqualified using excuses and tricks. This is a betrayal of the sisters who have voted.

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