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Two Bandra eateries get Bombay High Court relief

The civic body claimed that the restaurants had misused the licenses issued to them and had been illegally using open space outside the eateries to serve their patrons

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Two restaurants in Bandra heaved a sigh of relief when the Brihanmumbai Municipal Corporation (BMC) withdrew the demolition notices issued to them after the restaurants pointed out various shortcomings in the corporation's procedure before the Bombay High Court.

The civic body withdrew the notices issued in October to Stomach and Madras Diaries. The civic body claimed that the restaurants had misused the licenses issued to them and had been illegally using open space outside the eateries to serve their patrons.

The two restaurants approached the high court through Advocate Ashraf Shaikh who pointed out to the court that the civic body had not followed principles of natural justice and arbitrarily issued the demolition orders without carrying out proper inspection of the premises and verifying necessary documents. It was also alleged that the corporation had manipulated and prepared a false inspection report based on which the demolition orders were issued.

The petitioners prayed before the court to quash and set aside the notices and order. Pending final hearing, the court asked the BMC to give a personal hearing and verify the licensees and other documents of the petitioners, and directed it to take no coercive action against them until then.

On hearing the petitioners, the court had initially, stayed the notices. During the final hearing earlier this week, in its final order the court disposed of the petition after the civic body withdrew its notice and order. The court asked the corporation to not act on the notice and carry out a fresh inspection if need be following due process of law and if irregularities are found then issue a fresh notice and only after hearing the petitioners side, should it pass a final order, said Shaikh.

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