HC: Owner’s NOC must for trade licence

After expiry of a rental agreement, the court cannot direct the Greater Chennai Corporation (GCC) to entertain a fresh application for trade licence without the agreement or No Objection Certificate (NOC) from the landlord, the Madras High Court held.

By :  migrator
Update: 2019-10-12 20:01 GMT
Greater Chennai Corporation

Chennai

Closing a plea seeking to quash the notice issued by GCC seeking the petitioners to submit NOC from the landlord for issue of trade licence, Justice G Jayachandran said, “The petitioner[s] can neither force the landlord to give no objection nor can [they] seek direction from the court to the Corporation to give trade licence without NOC from the landlord or NOC from the Fire and Safety department.”

Justice Jayachandran, on further noting that the GCC is empowered to regulate hotel trade and therefore the Corporation had power to insist on NOC, said that the petitioners might have the right to seek renewal of trade licence if the landlord refused to issue NOC. However, with the rental agreement having expired in this case, the court cannot direct GCC to entertain a fresh application without the landlord’s NOC, the judge ruled.

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