Mumbai Court November 1977 Judgments

Pradeep Ginning and Deokumar Oil Mills Vs. the Municipal Council

Court: Mumbai

Reported in: (1979)81BOMLR228; 1978MhLJ11

Dharmadhikari, J.1. The petitioners in these writ petitions are running ginning and pressing factories within the territorial limits of the Municipal Council, Karanja, The Municipal Council, Karanja framed bye-laws in exercise of the powers conferred by Clause (a) of Section 3, Clause (c) of Section 322 obviously read with Sections 278 and 280 of the Maharashtra Municipalities Act for regulating the establishments as well as for issue and renewal of the licenses for cotton ginning and pressing factories within the limits of Municipal Council. As per these bye-laws, no person can establish or run a cotton ginning and pressing factory in which steam, electricity, water and other mechanical power is used or intended to be used without a licence. He is obliged to make an application in that behalf to the Municipal Council, while by bye-law No. 4 the rates of fees are prescribed for issuance as well as renewal of these licenses. This bye-law reads as under:No licence shall be issued or rene...