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1999 Supreme(SC) 53

SUJATA V.MANOHAR, A.P.MISRA
Secunderabad Hyderabad Hotel Owners Association – Appellant
Versus
Hyderabad Municipal Corporation, Hyderabad – Respondent


Judgment

Mrs. Sujata V. Manohar, J.-In these proceedings the petitioners are challenging an increase in the licence fee for a trade licence for running a lodging house, hotel, restaurant, coffee house, tea stall, eating house, soft drink stall, cafeteria, tiffin room etc. levied under Section 622 of the Hyderabad Municipal Corporations Act, 1955.

2. Under Section 521(1)(e)(ii) of the Hyderabad Municipal Corporations Act of 1955, except under and in conformity with the terms and condi­tions of a licence granted by the Commissioner no person shall, inter alia, carry on, allow to be carried on, in or upon any premises, any trade or operation which in the opinion of the Commissioner, is dan­gerous to life, health or property, or is likely to create a nuisance either from its nature, or by reason of the manner in which, or the conditions under which, the same, is or is proposed to be carried on. By an order of the Special Officer, Municipal Corporation of Hyderabad, dated 15.4.1972 a list of trades, operations etc. covered by Section 521(1)(e)(ii) was notified. The trades so covered including eating houses, hotels, restaurants, Cafes, bars, tea stalls, canteens, coffee houses, tiffin room

































































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