SUNDARI CHANDU PUJARI Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) HEARD the learned counsel for the parties. Perused the writ petition as well as the affidavit of the respondent - corporation wherein the corporation has taken a stand that the licence of the petitioner cannot be renewed to enable the petitioner to carry on the business in the premises in question because the area of the shop is not in accordance with the norms laid down by the Corporation.

(2.) THE case of the petitioner is that the area of the shop is less than the area required under the norms because on reconstruction of the building by the Bombay Building Repairs and Reconstruction Board, the Board could not give her a shop of suitable area as required under the Bombay Municipal Corporation norms as major part of the shop has gone in set back as well as erection of B.E.S.T. sub-section. Our attention was also drawn by the learned counsel for the petitioner to the letter dated 16th July 1997 from the Executive Engineer of the Bombay Building and Reconstruction Board to the concerned Ward officer of the Corporation whereby he was requested to grant licence to the old shop-keeps without insisting on the minimum area as per the B.M.C. norms.

(3.) WRIT petition is disposed of accordingly with no order as to costs. Certified copy expedited.