1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL No.67 OF 2001 Shailesh Prabhakar Rai : Appellant versus Nashik Municipal Corporation & ors. : Respondents. Mr.P.N.Joshi with Mr.Haridas for the Appellant Mrs.Manisha Shekhar for Respondent Nos.1 and 2. CORAM : R.M.SAVANT, J. DATED : AUGUST 01, 2008 P.C. 1. The Appellant herein, who is the original Plaintiff in the suit being R.C.S. No.221 of 1991, was granted a licence to do business in denatured spirit at the premises bearing House No.3055, Vazre Road, Nashik where, according to him, he was carrying on his business for number of years. In the year 1990 a notice was issued to him by the Nashik Municipal Corporation to shift his business to the industrial zone reserved for hazardous and explosive industries. It has also come on record that the Appellant did not have a certificate of the Chief Fire Officer. It is not disputed that denatured spirit is highly 2 inflammable and a hazardous and explosive substance. 2. The Respondent – Nashik Municipal Corporation under the provisions of the Act is entitled to regulate the conditions for trade in a hazardous and explosive substances and insist upon a certificate from the Chief Fire Officer and also to direct shifting of the business to a more safer locations in areas reserved for hazardous and explosive industries. No person can claim right to trade in explosive and hazardous substances in residential areas without regard to the safety of the residents. The Respondent – Nashik Municipal Corporation is entitled to regulate the trade for public good and safety. 3. This Court, in Second Appeal No.717 of 2002, in identical facts has taken an identical view and the said Second Appeal No.717 of 2002 was dismissed. 4. Both the Courts below have concurrently upheld the notice issued to the Appellant. Hence the challenge raised in the above 3 Second Appeal does not involve any substantial question of law. The Second Appeal is accordingly dismissed. In view of the dismissal of the above Second Appeal, the Civil Application No.861 of 2004 does not survive and the same is disposed of as such. [R.M.SAVANT, J]