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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

UP gangster wanted under Gangster Act arrested from Mumbai, major police operation UP police sent accused to UP

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Mumbai: Police has succeeded in arresting a gangster and gang leader from Sitapur, Uttar Pradesh. He is residing here hiding his identity. Mumbai Police received information that he is hiding in Bay Hotel. After which Yellow Gate Police arrested gangster and gang leader Nishant Rajesh Singh (23), wanted in three cases in Sitapur. In the initial investigation, he tried to mislead the police, but later he told that he belongs to UP and later Mumbai Police contacted Uttar Pradesh Police and it came to know that he is wanted in three cases in Sitapur including theft, illegal weapons, Gangster Act, after which UP Police came to Mumbai today and took the accused into custody and took him to Uttar Pradesh. This operation was carried out by DCP Vijay Kant Sagar on the instructions of Mumbai Police Commissioner Devin Bharti.

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Maharashtra

A very rare surgery: Rajawadi Hospital team successfully removes a 5.5 kg, 30 cm tumor from the uterus of a 46-year-old woman

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A 46-year-old woman from Mankhurd, Mumbai, had been suffering from health problems like persistent abdominal swelling, abdominal pain and difficulty in breathing for the past two years. In view of these symptoms, she sought treatment at the Outpatient Department (OPD) of the Gynaecology Department at BMC-run Seth Vadelal Chhatrapati Gandhi and Monji Amidas Vora Municipal General Hospital (Rajawadi Hospital) in Ghatkopar. The hospital team successfully removed a tumour weighing around 5.5 kg and measuring 30 cm from the patient’s uterus. As her symptoms worsened significantly, a comprehensive review of her medical history, physical examination and necessary diagnostic tests were conducted. These tests revealed a uterine tumour measuring around 30 cm. Initial diagnosis suggested that the mass was a ‘giant leiomyoma’ (fibroid). All necessary precautions and planning were taken to deal with possible complications during and after the surgery, and the procedure was performed later. Dr. Swadina B. Mohanty, Dr. Shalini Bagaria, Dr. Arva Kamble, and Dr. Kajal Salvi played a key role in the surgery performed by the Gynecology Department. Dr. Shreyash and Dr. Netra, under the guidance of anesthesiologist Dr. Chhavi, managed the anesthesia team. Additionally, surgical staff nurse Neelakshi Guru and her team provided vital support during the surgery. Due to the large size of the tumor and the extensive network of blood vessels, the surgery was performed with utmost care. The 5.5 kg tumor removed during the procedure has been sent for histopathological examination, and the final report is awaited. Post-surgery, the patient received specialized care and was discharged from the hospital on the fifth day in excellent health. Cases of such large uterine tumors are extremely rare.

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Maharashtra

Immediate financial assistance and rehabilitation for the victims of the Bhiwandi Kohinoor building tragedy and strict action against the culprits. Abu Asim Azmi

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Mumbai: Maharashtra Samajwadi Party leader and MLA Abu Asim Azmi has written a letter to Maharashtra Deputy Chief Minister and Urban Development Minister Eknath Shinde, and Relief and Rehabilitation Minister Mukrandji Jadhav, appealing for justice for the victims of the tragic and serious incident of collapse of the four-storey Kohinoor building in Balaji Nagar area of ​​Bhiwandi city. Through the letter, MLA Abu Asim Azmi has put forward important demands and issues, including raising questions about administrative negligence.

The Bhiwandi Nizampur City Municipal Corporation had earlier declared the building ‘extremely dangerous’ and issued a notice. Despite this, the administration failed to take timely and concrete steps to ensure the safe rehabilitation of the residents. Lives were lost due to administrative delay and negligence. Along with immediate assistance to the deceased and injured, he demanded that the government immediately provide financial assistance to the families of the citizens who lost their lives in the accident and ensure that all the injured are provided with the best medical treatment at government expense. Regarding the structural audit of the most dangerous buildings, Azmi said that a ‘structural audit’ of all the dilapidated and most dangerous buildings in Bhiwandi city should be conducted immediately, and arrangements for the temporary and permanent rehabilitation of their residents should be made without delay. Azmi has also demanded strict action against the guilty officials and has said that strict legal and administrative action should be taken against the officials responsible for this major accident and the negligence associated with it. Abu Asim Azmi has appealed to the government to take suo motu notice of the matter and ensure that justice and relief reach the affected families in Bhiwandi as soon as possible.

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