SUSHIL KUMAR JAIN Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) FIRST petitioner is the President of Association of Hosiery and Readymade Garment Dealers. Second petitioner is such a dealer. They seek relief of removal of 'hosiery' from the list of dangerous and offensive goods incorporated in the Dangerous and Offensive Trades and Factories Byelaws 1980 framed by the Jabalpur Municipal Corporation.

(2.) SECTION 248 of the M. P. Municipal Corporation Act, 1956 deals with regulation of dangerous and offensive trades. No person shall store or keep in any premises any articles mentioned in any Byelaws made under the Act as dangerous or offensive, or as being, or likely to be a nuisance to the public or dangerous to life, health or property, or carry on or allow to be carried on any premises, any trade, manufacture, industry or operation mentioned in any byelaws as dangerous to life, health or property or as likely to create of nuisance except in accordance with the provisions of the Act. Section 249 of the Act requires that no person shall use or permit to be used any premises for any of the enlisted purposes without or otherwise than in conformity with the terms of the licence granted by the Commissioner. The provisions relate to trades and operation which are dangerous to life, health or property or likely to create nuisance.

(3.) THERE is no dispute that byelaws have been framed by the Municipal Corporation under the statutory powers referred to earlier and have been finally published in the State Government Gazette on 6-2-1980. Byelaws are seen to have been published at page 141 of the printed book of byelaws relating to Municipal Corporation and the Item No. 13 (2) of the List appended to the byelaws takes in "hosiery" and the licence fee is prescribed as rupees fifty. The list consists of articles which are regarded as dangerous or offensive. Storage or dealing with such articles can only be on the strength of a licence granted by the authority prescribed therein.