The closure of a business establishment should be a last resort, and entrepreneurs are required to ensure that violations are cured before further action is taken.

JUDGMENT

1. The petitioner is stated to be running a Caf in the property bearing No.33/12 situated at Xavier Layout, Victoria Road, Bengaluru.

2. The petitioner states that she has obtained the occupancy rights after entering into an agreement of lease with the owner of the property. It is further submitted that the trade licence has been obtained which is valid till 31.03.2020. The petitioner submits that the other requisite permissions from Departments, including Food Safety And Standards Authority of India have been obtained.

3. The petitioner submits that after issuance of notice at Annexure-F dated 07.01.2020 observing that no parking facilities are provided and that there is noise pollution resulting in inconvenience to the neighbours, a reply came to be made out at Annexure-G dated 16.01.2020, but without considering the said reply, the order at Annexure-H dated 27.01.2020 is passed, which is styled as notice.

4. Upon notice, learned counsel appearing for respondent Bruhat Bengaluru Mahanagara Palike (BBMP) has filed the statement of objections and submits that Karnataka State Pollution Control Board after carrying out necessary tests has arrived at a finding that the noise levels as a result of use of D.G.Set was beyond the permissible limits. A copy of the said report is enclosed as Annexure-R1. It is further pointed out that as per Annexure-R2, necessary communication has been addressed by Karnataka State Pollution Control Board to the Health Officer, BBMP directing the Authority to take necessary action to ensure that the petitioner would stop the use of D.G. set.

5. Learned counsel appearing for respondent BBMP submits that there have been various complaints as per Annexures-R3 and R4. It is further submitted that grant of trade licence is subject to conditions as found in Annexure-R6 and in the present case, there have been numerous complaints relating to noise pollution and not providing sufficient facilities for parking causing public nuisance.

6. Heard both the sides.

7. The question is to whether the sealing of the petitioners Caf pursuant to the impugned notice is to be sustained?

8. Taking note of the complaints that are made out as is evidenced by the documents produced by the BBMP alongwith statement of objections, the petitioner has been warned by way of notice to take appropriate corrective action. It is to be noticed that eventually wherever there is violation of conditions as imposed in the trade licence, no doubt, the entrepreneurs are required to ensure that the violations pointed out are cured, however, it must be noted that closure of business establishment to be a last resort.

9. In the present case, the order at Annexure-F has been preceded by notice at Annexure-H. The respondent BBMP is at liberty to continue with necessary proceedings pursuant to Annexure-F. The respondent BBMP is also permitted to issue a notice which is comprehensive in nature and which would take within its fold all the complaints that have been brought to the notice of respondent BBMP, which according to the respondent BBMP would amount to violation of conditions mentioned in the trade licence. Upon issuance of such notice, the respondentBBMP to provide ten days time to the petitioner to reply to such fresh notice to be issued. Upon reply being given by the petitioner to the aforementioned notice, the respondent- BBMP to also take note of the earlier reply given by the petitioner at Annexure-G and consider the matter. Further, the respondentBBMP to afford an opportunity of personal hearing and thereafter arrive at a conclusion while recording a finding as to the violation of conditions of trade licence. Upon such finding, if it appears to the respondent BBMP that the petitioner has not rectified the lapses pointed out, the respondent BBMP is at liberty to take further action in accordance with law.

10. In light of the order passed, the respondent BBMP to keep in abeyance the notice, which is in the nature of order at Annexur