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1999 Supreme(Guj) 468

J.R.VORA, R.K.ABICHANDANI
D. S. RANA – Appellant
Versus
AHMEDABAD MUNICIPAL CORPORATION – Respondent


Advocates Appeared: C.G.SHARMA, D.P.Joshi, K.S.Nanavati, NIRAV KAUSHIKBHAI MAJMUDAR, P.B.MAJUMDAR, R.R.MARSHAL, S.N.SHELAT

R. K. ABICHANDANI, J.

( 1 ) THIS group of petitions raises the question whether a local authority can impose a condition while issuing a trade licence that the trade or its operation which in the opinion of the Commissioner, is dangerous to health, life or property or likely to create 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, can be carried on only in an industrial zone, thereby prohibiting such trade or operation to be carried on in other areas including residential areas.

( 2 ) IN this set of three petitions, the lead matter being Special Civil Application No. 2490 of 1999 has been filed by thirty three petitioners against the Ahmedabad Municipal Corporation, Deputy Health Officer of the Corporation and the State of Gujarat, seeking a direction on the respondents to renew the licences of the petitioners as required under the provisions of The Bombay Provincial Municipal Corporation Act, 1949 and for quashing and setting aside the impugned notices dated 1 8/03/1999 of the nature at Annexure "f" to the petition and the impugned orders dated 31st March, 1999 of the nature at Annexure





















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