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Maharashtra

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

Govt Formulating Uniform Toll Policy To Ease National Highway Commuters’ Burden: Union Minister Nitin Gadkari

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New Delhi, Feb 3: The road transport ministry is working on a uniform toll policy to benefit national highway users, Union Minister Nitin Gadkari said on Monday.

Gadkari also asserted that now India’s highway infrastructure matches that of the US. “We are working on a uniform toll policy. It will address the problem faced by the commuters,” he told media in an interview, without elaborating further.

Gadkari was responding to a question on simmering discontent among users of National Highways on account of high toll charges and sub-par road-user experience.

The longest-serving road transport and highways minister said that the ministry has decided to initially implement a barrier-less global navigation satellite system (GNSS)-based toll collection system on national highways.

The Ministry of Road Transport and Highways, Gadkari said, has been taking the complaints made by commuters on social media very seriously and is taking strong action against contractors involved.

At present, while private cars constitute about 60 per cent of the traffic on national highways, the share of toll revenue from these vehicles is barely 20-26 per cent.

Toll charges have increased on highways even as more and more stretches have come under the tolling system over the past 10 years, often leading to rising user discontent.

Total toll collection in India touched Rs 64,809.86 crore in 2023-24, a 35 per cent rise over the previous year. The collection was Rs 27,503 crore in 2019-20.

All user fee plazas on National Highways are established as per the provision of National Highways Fee (Determination of Rates and Collection) Rules, 2008 and the respective Concession Agreement.

Gadkari expressed confidence that in the current financial year, the highways ministry will surpass the previous record of 37 km per day highways construction in 2020-21 financial year.

Around 7,000 km highways been constructed so far in the current financial year. Traditionally, the pace of highways construction is higher in the February-March period.

The pace of highways construction in the country has touched a record 37 km per day in financial year 2020-21. The highways ministry had constructed 13,435.4 kilometres in 2020-21; 10,457.2 km in 2021-22; 10,331 km in 2022-23, and 12,349 km in 2023-24.

Gadkari also said this financial year, the ministry will award highways projects of 13,000 km. The ministry had awarded highways project of 8,580.5 km in 2023-24. The pace of highway project awards has slowed down considerably in the absence of a new scheme to replace the Bharatmala Pariyojana.

According to Gadkari, under the Bharatmala Pariyojana, the ministry had the power to award highway projects of up to Rs 3,000 crore, now the ministry cannot approve any fresh projects under the Bharatmala Pariyojana.

“For any project worth above Rs 1,000 crore, now we need to take the approval of the Cabinet. So, we have sent projects worth Rs 50,000-Rs 60,000 crore to the Cabinet for approval,” he said. “Once we get clearance, we will start working on those projects,” the minister added.

With an aim to reduce delay cost overrun and disputes, an inter-ministerial panel that appraises major highway projects has told the ministry to accept bids only after acquiring 90 per cent of the land required for the projects and getting all statutory projects such as forest and environment.

“This condition has affected the pace of award of highway projects,” Gadkari said. The government approved Bharatmala Pariyojana in 2017, covering a length of 34,800 km to improve connectivity and reduce logistic costs in the country.

As of October 31, 2024, projects covering a total length of 26,425 km have been awarded and 18,714 km has been constructed. India has the second largest road network and its National Highways span a total length of 1,46,195 km, forming the primary arterial network of the country.

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Maharashtra

Navi Mumbai Residents To Face 10-Hour Water Supply Disruption As NMMC Undertakes Urgent Morbe Pipeline Repairs

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Navi Mumbai: Navi Mumbai residents will experience a 10-hour water supply disruption on Tuesday, as the Navi Mumbai Municipal Corporation (NMMC) undertakes urgent repairs on the Morbe main water pipeline near Belpada Metro Station.

‘Water supply will be suspended from 10 am to 8 pm, affecting several areas, including Belapur, Nerul, Vashi, Turbhe, Sanpada, Kopar Khairane, Ghansoli, and Airoli,’ the notification stated.

In addition to these areas, direct water connections from the main pipeline and water supply to Kamothe Node (CIDCO area) will also be unavailable. On Wednesday, February 5, residents may experience low water pressure and inadequate supply as the system stabilizes.

NMMC Urges Citizens To Use Water Judiciously

The NMMC has urged citizens to use water judiciously during this period and cooperate with the authorities.

This is the second water supply disruption happening in this month. On January 8 too NMMC undertaken an urgent repair work on the main water pipeline by releasing a notification a day before. “The frequent shutdowns cause a lot of inconvenience, especially to those who work outside the house as well. We then have to make separate arrangements in the morning before we leave for work,” said Reema Chavan, a Nerul resident.

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Business

BMC Budget 2025-26: Mumbai Civic Body Set To Present Budget On Feb 4; Take A Look At Key Expectations

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Mumbai: The Brihanmumbai Municipal Corporation (BMC) is set to unveil its Budget Estimates for 2025-26 on Tuesday, February 4, at 11:00 am in the municipal headquarters’ assembly hall. The budget presentation will begin with the Additional Municipal Commissioner (Eastern Suburbs), Dr Amit Saini, outlining the Education Department’s financial plan to Municipal Administrator Bhushan Gagrani. Following this, Additional Municipal Commissioner (Projects), Abhijit Bangar, will present the overall budget estimates to Gagrani.

Key Infrastructure Projects To Likely Get Good Funds

This will be the third consecutive budget since BMC’s elected general body was dissolved in March 2022, with Gagrani continuing to oversee civic operations. The upcoming budget is expected to prioritise major infrastructure projects, particularly the Mumbai Coastal Road (Phase 2), connecting Versova to Dahisar and the Goregaon-Mulund Link Road (GMLR), as they near completion. Civic officials anticipate substantial allocations to these projects, emphasizing their role in transforming the city’s connectivity.

A key focus of the budget will be the ongoing construction of seven Sewage Treatment Plants (STPs) in Mumbai, a massive initiative costing Rs 30,000 crore. These STPs are critical to improving wastewater management and addressing environmental concerns in the city.

Key Takeaways From Budget 2024-25

Looking back at the 2024-25 budget, BMC refrained from introducing new taxes while presenting a record-high allocation of Rs 59,954.75 crore. It earmarked major funds for major projects, including a Rs 1,200 crore provision for free medicines in civic hospitals.

The health sector saw a notable budget increase, from Rs 6,309 crore in 2023-24 to Rs 7,191 crore in 2024-25, reflecting the corporation’s focus on public healthcare. Other allocations included Rs 340 crore for footpath, lane and bylane upgrades and Rs 100 crore towards enhancing women’s security in the city.

Hopes High From This Year’s Budget

For the 2025-26 budget, civic authorities sought public feedback, receiving around 2,700 responses. Many of these submissions highlighted concerns about the deteriorating quality of BEST bus services, indicating possible budgetary attention to public transport improvements.

With expectations high, the upcoming BMC budget will likely continue its emphasis on large-scale infrastructure projects, healthcare and citizen-focused initiatives, shaping Mumbai’s urban development in the coming year.

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