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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

Udit Raj says Akhilesh not wrong in supporting Abu Azmi

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New Delhi, March 6: Congress leader Udit Raj on Thursday claimed that Samajwadi Party (SP) chief Akhilesh Yadav was not wrong in extending support to its Maharashtra MLC Abu Azmi.

The Congress leader made the remark while speaking to media on various issues including Pakistan-Occupied Kashmir (PoK), India’s foreign policy, Article 370, and Bihar politics.

Substantiating Akhilesh Yadav’s support to Abu Azmi who glorified Mughal ruler Aurangzeb, Udit Raj claimed that in the Peshwa Empire, the plight of Dalits and women was miserable.

Claiming that Muslims used to fight for Chhatrapati Shivaji and Hindus used to fight for emperor Aurangzeb, he said singling out any ruler of a specific community is not right.

Dwelling on External Affairs Minister S. Jaishankar’s recent statement in London that Pakistan will have to return PoK and revocation of Article 370 was the first step in that direction, Udit Raj said that the leader’s remark was not completely right.

Denying the positive changes in Jammu and Kashmir, he said: “When Article 370 was revoked, it was said that the move would break the backbone of terrorism and attract investment in Jammu and Kashmir leading to its development. However, nothing happened.”

Dwelling on the border dispute between India and China over Aksai Chin, Udit Raj further said, “Union Home Minister Amit Shah used to say will ‘sacrifice life for Aksai Chin’. But nothing happened and China developed roads on it.”

Claiming that the country’s international diplomacy has failed, Udit Raj said: “In Canada and Scotland, our ambassadors were attacked. A gangster in Sabarmati jail is conversing with people in Pakistan. Now, Khalistani extremists breached security and tried to attack Jaishankar.”

Blaming the BJP for the JD(U)’s reducing strength in the House, the Congress leader said: “The JD(U) earlier had 120 seats in the Legislative Assembly but this number now has been slashed to 45.”

Claiming that the BJP strengthened the Lok Janshakti Party (LJP) and weakened JD(U), he said that the Nitish Kumar-led party will soon meet the same fate as the Akali Dal in Punjab.

Dwelling on reports that the new Delhi government has fixed the criteria that women who have an annual income of less than Rs 3 lakh will get the benefits of the Mahila Samriddhi Scheme, Udit Raj said the BJP had promised to provide the financial aid on March 8.

He said: “We will adopt a wait-and-watch approach on the government’s move till March 8.”

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Crime

Mumbai: Four Cops Suspended For Taking Bribes From Hawkers In Dharavi

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Mumbai: Four police constables attached to Dharavi Police Station were suspended on Thursday after a video of them allegedly accepting bribes from hawkers surfaced on social media.

According to officials, the suspended constables were deployed as beat marshals on patrolling vehicles, responsible for taking action against illegal roadside eateries and food stalls. However, instead of enforcing the law, they were caught on camera extorting money from hawkers.

Following the video’s viral spread, senior police officials initiated an internal inquiry and ordered their immediate suspension.

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Maharashtra

Maharashtra: Samajwadi Party MLA Abu Asim Azmi Calls His Suspension ‘Arbitrary’, Alleges Threats To ‘Life And Family’

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Mumbai: After being suspended for the entire duration of the ongoing Maharashtra budget session over his remarks on Mughal emperor Aurangzeb, Samajwadi Party (SP) MLA Abu Azmi called the suspension “arbitrary” and alleged threats to his life and his family.

Azmi took to the social media platform X to express his concerns, stating, “My suspension is arbitrary on the part of the government, there is a threat to my life and that of my family. Two laws are in force in Maharashtra, if democracy has ended in Maharashtra then the government can do anything to the public and the elected representatives of the public.”

Ahead of this he has expressed his disappointment over the suspension and had said, “To ensure that the House functions, I spoke about withdrawing my statement. I did not say anything wrong. Still, there is a controversy and proceedings of the House are being stalled. To ensure that the House functions and some work is done during Budget Session…I withdrew the statement that I made outside the Assembly, not in the House. Still, I have been suspended.”

Azmi also received the support of Samjawadi Party Chief and former UP CM Akhilesh Yadav, who claimed that the suspension violated freedom of expression.

“If the basis of suspension starts getting influenced by ideology, then what difference will there be between freedom of expression and subjection? Whether it is our MLAs or MPs, their fearless wisdom is unmatched. If some people think that by ‘suspension’ one can rein them in, then this is the childishness of their negative thinking,” Akhilesh Yadav said.

Earlier on Wednesday, Maharashtra Assembly Speaker Rahul Narwekar suspended Samajwadi Party MLA Abu Azmi for the entire duration of the ongoing budget session on Wednesday over his remarks on Mughal emperor Aurangzeb.

A proposal was brought in the Maharashtra Assembly today against Azmi’s remarks.

Parliamentary Affairs Minister Chandrakant Patil said in the House that Azmi’s objectionable statement had hurt the dignity of the House, leading to the proposal to suspend his membership for this session, which the Speaker passed. Azmi had reportedly said that Aurangzeb was not a “cruel administrator” and “built many temples”.

He added that the battle between the Mughal emperor and Chhatrapati Sambhaji Maharaj was for state administration and not about Hindu and Muslim.

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