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Bombay High CourtPIL/100/2018dismissed

Sapan Shrivastava And ANR v. Reserve Bank Of India And ORS

2019-07-12Hon'Ble The Chief Justice,Hon'Ble Shri Justice Nitin Jamdar2 pages

(15)-PIL-100-18.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.100 OF 2018 Sapan Shrivastava and another ..Petitioners

Versus

Reserve Bank of India and others ..Respondents Sapan Shrivastava - Petitioner in person.

Mr. K. S. Thorat, AGP for the Respondent No.3. CORAM : PRADEEP NANDRAJOG, C.J. & N. M. JAMDAR, J.

DATE : 12th JULY, 2019 P.C.

1] The Petitioner No.1 is a busy body and keeps on filing Petitions in this Court on half-baked research. 2] The first direction sought is that RBI be directed to implement Section 23 of the Banking Regulations Act, 1949 and the guidelines issued by RBI that Banks must obtain No Objection Certificate from the Municipality concerned if the branch or place of operation of business is within the limits of Municipality. 3] The information obtained under the Right to Information Act is relied upon. The information is to the effect that while taking premises on rent, Banks should ensure that the location of the branch BGP. 1 of 2

(15)-PIL-100-18.doc.

complies with the local norms/laws of the Municipal Corporation. 4] This only means that the Banks should be opened from premises user whereof includes Banking. The RTI query does not inform that Banks have to obtain No Objection Certificate from Municipalities.

5] On the issue of fire safety, suffice it to state that there is no law which requires a Bank to obtain a fire safety clearance. As per the Municipal Laws, buildings which require fire safety clearances need to be subjected to an inspection and the duty is on the owner of the building to obtain a fire clearance.

6] The Petition is dismissed.

N. M. JAMDAR, J CHIEF JUSTICE BGP. 2 of 2