After several reprimands from the Bombay high court and a direction to grant space to a businessman at Fashion Street, the Brihanmumbai Municipal Corporation (BMC) handed over the possession of a pitch (small area) to businessman Mohammed Yasin Sheikh.
Sheikh had challenged the BMC’s decision to not allow him to sell pre-cooked food near the Bombay Stock Exchange.
A division bench of justice PB Majmudar and justice RM Savant observed, “The corporation has acted fairly by giving the businessman a place to carry out his business of selling ready-made garments during this festival season.”
In addition, the bench directed the corporation to ensure that Sheikh faces no harassment from encroachers at Fashion Street who were removed to grant him space. “See to it that there are no firecrackers (law and order problems) after he takes possession.”
Sheikh had sought to change his commodity licence and be allowed to sell pre-cooked food instead of garments near the Bombay Stock Exchange. The BMC filed a reply before the court stating that they could not do so due to policy and hygiene reasons.
Sheikh used to sell garments at Fashion Street, but on May 5, 2009, the licensing authority of BMC shifted him to a location at Nagindas Street. After finding it difficult to run his business, Sheikh applied for a change of licence to the BMC.
