Justice Bharati Dangre said that under Section 394 of the Mumbai Municipal Corporation (MMC) Act, certain activities including ‘lodging’ are restricted unless a license for the same is granted by the Commissioner.
“Section 394 of the MMC Act impose a restriction upon certain activities to be carried out within its limits of the Corporation except on the licence granted by the Commissioner and this include carrying of any trade upon any premises which is specified in part IV of Schedule M or any process or operation connected with any such trade and Part IV of Schedule ‘M’ cover an activity of ‘lodging’,” the Court held.
It, therefore, concluded that registration being granted by the MTDC to run a bed and breakfast facility does not amount to grant of license.
“No doubt, Bread and Breakfast establishment has been granted registration under the MTDC, but it is no licence by the MTDC to carry on such an activity,” she declared.
Even while a Bed and Breakfast service in only certain rooms of a residential house is not a totally commercial endeavour, the establishment must nevertheless seek a licence to operate, the Court underscored.
Source: Barandbench
