Delhi High Court - Orders
Dominos Pizza ( Jubilant Foodworks Ltd) ... vs South Delhi Municipal Corporation & Ors on 11 January, 2022
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 628/2022
DOMINOS PIZZA ( JUBILANT FOODWORKS LTD)
(LAJPAT NAGAR) ..... Petitioner
Through Mr M.A. Niyazi, Ms Anamika Ghai
Niyazi, Ms Kirti Jaswal and Ms Nehmat
Sethi, Advocates
versus
SOUTH DELHI MUNICIPAL
CORPORATION & ORS. ..... Respondents
Through Mr. Siddhant Nath, Standing Counsel for
SDMC
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 11.01.2022 CM APPL. 1798/2022 (exemption) Allowed, subject to all just exceptions. W.P(C) 628/2022 & CM APPL. 1797/2022 (stay)
1. The hearing was conducted through video conferencing.
2. Learned counsel for the petitioner submits that the only issue with regard to the non-renewal of trade licence is fire clearance. He submits that no fire clearance is required in the case of the petitioner as number of seats are 48 and petitioner has been running the restaurant since 2013 and was being issued a valid trade licence from time to time. However, present licence has not been renewed on account of an objection raised by letter dated 09.04.2019 with regard to a fire clearance. He further submits that the property has been sealed on 03.01.2022.
Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU W.P.(C) 628/2022 Signing Date:11.01.2022 1 Signing Date:11.01.2022 21:47:43 19:55 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
3. Learned counsel for the petitioner submits that there was some delay in applying of renewal for the reasons petitioner was attempting to reduce the area to bring it within 90 sq. meters for which no fire clearance is required.
4. Issue notice. Notice is accepted by learned counsel for respondent no. 1.
5. Dasti notice shall issue to respondent no. 2 to 4, returnable on 20.01.2022.
6. Learned counsel for respondent no. 1 submits that the property has been sealed not only because of absence of a valid trade licence or a fire clearance but other reasons as well.
7. Let an affidavit be filed by the Corporation indicating the reasons as to why the property has been sealed other than the reason of fire clearance. Let the counter affidavit be filed within one week. Rejoinder, if any, be filed before the next date of hearing.
8. Renotify on 20.01.2022.
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 JANUARY 11, 2022 'rs' Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU W.P.(C) 628/2022 Signing Date:11.01.2022 2 Signing Date:11.01.2022 21:47:43 19:55 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.