BRIHANMUMBAI MAHANAGARPALIKA Vs. WILLINGDON SPORTS CLUB

JUDGEMENT

(1.) The question which arises for consideration in this appeal filed against order dated 29.9.2009 passed by the Division Bench of the Bombay High Court in Writ Petition No.2199/1999 is whether respondent No.1 is obliged to take licence under Section 394(1)(e) read with Part IV of Schedule 'M' of the Bombay Municipal Corporation Act, 1888 (now titled as 'the Mumbai Municipal Corporation Act, 1888' for short, 'the Act') for the catering services provided by it to the members and their guests.

(2.) Respondent No.1 provides various sporting facilities, viz., golf, tennis, squash, billiards, badminton, etc., to its members. The Catering Department of respondent No.1 provides catering services to the members and occasionally to their guests. By order dated 21.11.1990, appellant No.2 called upon respondent No.1 to make an application for grant of licence under Section 394 of the Act for the eating house. The latter submitted the application on 24.11.1990. Thereafter, Senior Sanitary Inspector of appellant No.1 sent communication dated 3.12.1990 to respondent No.2 requiring him to submit various documents including NOCs from Assistant Engineer (Buildings and Facilities) and Executive Engineer (Buildings Proposals). In compliance of that letter, respondent No.2 furnished some of the documents. However, nothing appears to have been done for the next two years.

(3.) In May 1993, respondent No.1 approached appellant No.2 for grant of No Objection Certificate for the eating house and permission to keep L.P. Gas Cylinders. Appellant No.2 gave 'No Objection' for carrying out the trade of eating house and for L.P. Gas as fuel subject to the following conditions: