Bed & Breakfast Lodging Permitted By Tourism Corporation In Residential Premises Requires BMC License
Case: Harmesh Singh Chadha @ Jimmy v. Municipal Corporation of Greater Mumbai
Coram: Justice Bharati Dangre
Case No.: Appeal From Order No.274 Of 2022
Court Observation: “registration to operate an establishment of B&B facility in a residential house is not a purely commercial venture as what is expected is, some of the rooms of the residential house, are permitted to offer B&B facility. This, however, prima facie will not absolve the establishment to obtain necessary other permission/licences which are required for its operation. The property is not exempted completely from the tax, but certain concession is granted. In order to operate the facility as a lodging , it would necessarily require compliance of condition like health licence since the Corporation is responsible for the cleanliness and ensuring that requisite facilities being made available to the customers, who are taking benefit of the lodging . It would also require compliance of the building permit and it cannot be said that on the MTDC granting the permission, the changes in the residential premises will not have to be ratified/ authorized by the Building department of the Corporation.”
“such an establishment will necessarily have to obtain the fire safety permit as well as the permission from the FSSAI, since food is being offered to the tourist at such as establishment. Prima facie , the license which is required to be obtained u/s. 394 in order to operate a trading or activity upon the premises cannot be said to be exempted , merely on registration of the facility with MTDC. “
Previous Posts
CLAT Clearance Mandate For NTPC Law Officer Appointment Violative Of Article 16: Kerala High Court
Dying Declaration Can Be Sole Basis For Conviction Only When Court Is Satisfied That It Is True And Voluntary, Reiterates Supreme Court Download Judgement
Keywords
Bed & Breakfast Lodging, Tourism Corporation, BMC License
