Delhi High Court - Orders
Starbucks Coffee- A Tata Alliance (A ... vs New Delhi Municipal Council & Ors on 16 November, 2021
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12901/2021
STARBUCKS COFFEE- A TATA ALLIANCE (A UNIT OF TATA
STARBUCKS PVT. LTD.) (GREATER KAILASH-I) ..... Petitioner
Through Mr. M.A.Niyazi, Ms. Anamika Ghai
Niyazi, Mr. Kunal Kishore, Ms.
Nehmat Sethi and Ms. Tanshi Arora,
Advocates.
versus
NEW DELHI MUNICIPAL COUNCIL & ORS ..Respondent
Through Mr. N S Bajwa ASC and Ms Ankita
Sarangi Advocates for NDMC
Respondent No 1
Mr. Santosh Kumar Tripathi,
Standing Counsel, GNCTD alongwith
Mr. Arun Panwar and Mr. Siddharth
Krishna Dwivedi, Advocates for R-2,
3 & 4.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 16.11.2021 CM. APPL. 40670/2021 Exemption is allowed subject to all just exceptions W.P.(C) 12901/2021 & CM. APPL. 40669/2021
1. The hearing was conducted through video conferencing.
2. Petitioner impugns letter dated 09.04.2019, whereby the petitioner has been directed to obtain a clearance from the Fire Department, prior to the respondent considering the application for renewal of the health licence.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU W.P.(C) 12901-2021 Signing Date:16.11.2021 1
Signing Date:16.11.2021 22:38:14 21:49
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
3. Learned counsel for the petitioner submits that sitting capacity in the restaurant of the petitioner is only 48 and as per the letter of NDMC dated 18.03.2019, no fire clearance is required in case the sitting capacity is less than 50.
4. Learned counsel further submits that petitioner has been running the restaurant since 2018 and had a health license, which was renewed from time to time and has already applied for renewal of the health license, but the same is under consideration.
5. Learned counsel submits that that the case of the petitioner is identical to the case of Ms. Payal Verma and relies on order dated 18.03.2020 in W.P. (C) 2913/2020 titled Payal Verma Vs. New Delhi Municipal Counsel & Ors., wherein this court has already issued notice and granted interim protection.
6. Accordingly, issue notice. Notice is accepted by learned counsels appearing for respondents No.1 and 2 to 4.
7. Learned counsels pray for some time to file their response. Let the counter affidavit be filed within four weeks. Rejoinder within three weeks thereafter.
8. List on 31.012022. Till the next date of hearing, no coercive action shall be taken against the petitioner.
9. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
SANJEEV SACHDEVA, J
NOVEMBER 16, 202/NA
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU W.P.(C) 12901-2021 Signing Date:16.11.2021 2
Signing Date:16.11.2021 22:38:14 21:49
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.