MUMBAI: The Bombay high court on Tuesday refused to stay a Brihanmumbai Municipal Corporation (BMC) circular banning the use of edible silver leaves (varq) for sweetmeats, in a setback for mithaiwallas.
A division bench of Justices S C Dharmadhikari and Gautam Patel heard a petition by Shree Mumbai Misthan Vyavasai Sahakari Mandal Ltd challenging the October 24 circular to regulate the sale of mithai during Diwali, particularly the use of the edible foil.
Advocate Anjali Purav argued that the BMC could not have issued the circular when the sale of food was controlled by the Food Safety and Standards Act (FSSA). She said the BMC was usurping the competent authority's power under the act. "If I am not able to sell these sweets, who is responsible for the loss?'' Purav asked. She said crores worth of business would be lost and lakhs of employees would suffer, affecting their fundamental right to carry out trade and business. She said that the circular favoured those against Indian sweets and would impact Diwali sales.
BMC advocates Suresh Pakle and Trupti Puranik submitted that the civic body, by exercising its powers under BMC Act, "had power to issue the circular in public interest and no defect and deformity could be attributed to it".
The judges said the issue whether provision of the BMC Act would prevail over the FSSA required consideration and admitted the petition. They said they could not grant interim relief to the petitioner as prima facie BMC has the power to act and safeguard public health through the sale of food articles through shops it issued licences to.
They said the authority which granted licences had powers to ensure conditions are complied with, and if there was a breach to ensure consequences are visited. They also said the fundamental right to carry out trade and business was subject to reasonable restrictions.
A division bench of Justices S C Dharmadhikari and Gautam Patel heard a petition by Shree Mumbai Misthan Vyavasai Sahakari Mandal Ltd challenging the October 24 circular to regulate the sale of mithai during Diwali, particularly the use of the edible foil.
Advocate Anjali Purav argued that the BMC could not have issued the circular when the sale of food was controlled by the Food Safety and Standards Act (FSSA). She said the BMC was usurping the competent authority's power under the act. "If I am not able to sell these sweets, who is responsible for the loss?'' Purav asked. She said crores worth of business would be lost and lakhs of employees would suffer, affecting their fundamental right to carry out trade and business. She said that the circular favoured those against Indian sweets and would impact Diwali sales.
BMC advocates Suresh Pakle and Trupti Puranik submitted that the civic body, by exercising its powers under BMC Act, "had power to issue the circular in public interest and no defect and deformity could be attributed to it".
The judges said the issue whether provision of the BMC Act would prevail over the FSSA required consideration and admitted the petition. They said they could not grant interim relief to the petitioner as prima facie BMC has the power to act and safeguard public health through the sale of food articles through shops it issued licences to.
They said the authority which granted licences had powers to ensure conditions are complied with, and if there was a breach to ensure consequences are visited. They also said the fundamental right to carry out trade and business was subject to reasonable restrictions.
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