Mumbai: Bombay high court has directed the BMC to consider representation of a 63-year-old senior citizen suffering from heart ailments due to sleepless nights, stress and respiratory problems caused by smoke, strong odour, continuous noise from a pizza kitchen in Chembur. The BMC had carried out an inspection on his complaint, but taken no further action, the HC was told. The court directed the BMC to take necessary action on his representation saying “grievance of the petitioner, who is senior citizen residing on the first floor needs to be examined carefully”. If any adverse action is proposed by the BMC against the kitchen, its owners are to be heard, directed the HC after hearing the Ajeet Manwani counsel for the petitioner and BMC lawyer S V Tondwalkar.The BMC has the power to issue licences, supervise the operations of business premises, restaurants, bakery and hotels, and control the activities carried on by these business places to ensure compliance of clean, healthy, hygienic and pollution free conditions of the residents in Mumbai, the HC noted.The odour and noise complained of was against a private limited company which is conducting the business of cooking, baking and supplying pizzas and other food items, other bakery items to the customers visiting their premises and also catering to online food service providers.The HC, while disposing of the petition, said it was not issuing notice to the company since it has directed the petitioner to make a comprehensive representation to the BMC, soon after which it must consider it and propose action. “An opportunity obviously will be given to the company” if any adverse action is proposed.
