Delhi High Court - Orders
M/S Tornado (A Unit Of Witty Hospitality ... vs Govt Of Nct Of Delhi And Anr on 21 October, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~18 to 25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11554/2021 & CM APPL 35655/2021
+ W.P.(C) 11573/2021 & CM APPL 35692/2021
+ W.P.(C) 11600/2021 & CM APPL 35795/2021
+ W.P.(C) 10172/2021 & CM APPL. 31367/2021
+ W.P.(C) 10173/2021& CM APPL. 31382/2021
+ W.P.(C) 10220/2021 & CM APPL. 31506/2021
+ W.P.(C) 10221/2021 & CM APPL. 31508/2021
+ W.P.(C) 10225/2021 & CM APPL. 31516/2021
M/S TORNADO (A UNIT OF WITTY HOSPITALITY PVT. LTD.)
..... Petitioner
M/S BANTER (A UNIT OF MAJESTIC CAFE PVT. LTD.)
..... Petitioner
M/S AIR BAR AND LOUNGE ..... Petitioner
M/S VERANDAH MOONSHINE THROUGH ITS DIRECTOR
..... Petitioner
M/S R HIGH SPEEDBAR AND LOUNGE (A UNIT OF HOME
SPOON PVT. LTD.) ..... Petitioner
MS SIXTH EMPICA ..... Petitioner
MS BREATH FINE LOUNGE AND BAR ..... Petitioner
MS TOS THROUGH ITS DIRECTOR SUJEET MISHRA
..... Petitioner
Through
Versus
GOVT OF NCT OF DELHI AND ANR ..... Respondents
Through Mr. Sachin Datta Sr. Adv., Mr. Vinay
Garg Sr. Adv. with Ms.Vanya Gupta,
Mr. Sachin Bandoomi and Mr. Rishi
Manchanda, Advs. for the petitioners.
Mr. Vinay Garg Sr. Adv. with Ms.Vanya
Gupta, Mr. P. S. Singal, Mr. K. S. rekhi, Mr.
Pawas Kulshrestha, Advs. for the petitioners in
W.P.(C) 10221/2021
Signature Not Verified
DigitallySigned By:AWANISH
CHANDRA MISHRA
Signing Date:22.10.2021
18:18:46
Mr.Arun Panwar for Mr.Santosh Kumar Tripathi,
SC, GNCTD & Mr.Siddharth Krishna Dwivedi,
Advs. Fo R-1.
Mr.Prakash Kumar & Mr.Amit Aacharya, Advs.
for R-1 & 2 in W.P.(C) 10172/2021.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 21.10.2021
1. These matters have been taken up today as 18.10.2021 was declared a holiday.
2. The present petitions have been filed seeking a direction restraining the respondents from interfering with the sale/service of herbal flavoured hookahs in the various restaurants being run by the petitioners.
3. On the last date, this Court had directed the respondent no. 1/Department of Health and Family Welfare Department, Govt. Of NCT of Delhi to reconsider the matter in view of the changed circumstances in Delhi, as also the effect of the orders passed by the DDMA on 24.08.2021, 15.09.2021 and 30.09.2021 vide which significant restrictions have been relaxed and most activities in the city have been permitted to resume.
4. Pursuant thereto, the respondent no.1 has reconsidered the matter and passed an order on 14.10.2021 reiterating its stand that the use of Hookahs (with and without tobacco i.e. herbal hookah, water pipes and other hookah like devices) in all public places including Hotels, Restaurants, Eatery Houses, Bars, Pubs; Discotheques etc. of the NCT of Delhi will remain prohibited till further orders.
Signature Not Verified DigitallySigned By:AWANISH CHANDRA MISHRA Signing Date:22.10.2021 18:18:465. Learned senior counsel for the petitioners vehemently submits that very basis of passing the order dated 14.10.2021 is the respondent no. 1's presumption that the petitioners are serving Hookahs in enclosed spaces and are permitting the customers to share the same. They submit that the petitioners have already submitted before this Court that they are not permitting any sharing of the Hookahs and are using only disposable pipes in order to prevent any possible transfer/spread of germs. They further submit that the petitioners are willing to undertake before this Court that they will restrict the service of herbal flavoured Hookahs only to open spaces and, therefore, pray that the operation of the order dated 14.10.2021 passed by Respondent no.1, be stayed by permitting the petitioners to serve herbal flavoured Hookahs in open spaces.
6. Learned senior counsel for the petitioners further submit that even though the restaurants/eating houses etc. being run by the petitioners also provide other services such as food and beverages etc., the respondent no.2 without appreciating this aspect have been stationing police vehicles outside these restaurants. Consequently, very few customers are opting to enter the restaurants as they wish to avoid harassment of any kind and, therefore, the livelihood of persons employed in the petitioners' restaurants/eating houses is being adversely affected. They, therefore, pray that respondent no.2 be restrained from parking their police vehicles outside the restaurants to avoid any further deterring effect on the business of the petitioners.
7. Learned counsel for the respondents assures the Court that in case the petitioners were to abide by the terms of the order dated 14.10.2021, Signature Not Verified DigitallySigned By:AWANISH CHANDRA MISHRA Signing Date:22.10.2021 18:18:46 the respondents will ensure that no police vehicles are henceforth, parked outside the restaurants etc. and instead the police will carry out random checks and raids in the restaurants, and take appropriate action, if any breach of the order dated 14.10.2021 is noticed.
8. The aforesaid statement of respondent no. 2 is taken on record and it is directed that till the next date, the respondent no.2 will not unnecessarily harass the petitioners or their customers by parking their vehicles outside the restaurants etc. However, this will not preclude the local police from carrying out random checks and take appropriate action, if any breach of order dated 14.10.20201 is found. This will, however, be subject to the petitioners' strictly abiding by the order dated 14.10.2021 till it is either modified by the respondents themselves or by this Court.
9. In the light of the statement made on behalf of the petitioners that henceforth, they are willing to serve herbal Hookahs only in open spaces and that too by using disposable pipes, it is deemed appropriate to direct the respondent no. 1 to once again reconsider the grievance of the petitioners. The said reconsideration be done within the next 5 days. However, if the respondent no.1 still feels that it is necessary to continue the prohibition on the use of herbal flavoured Hookahs for some more time, an affidavit in this regard shall be filed within one week from today.
10.List on 29.10.2021.
REKHA PALLI, J OCTOBER 21, 2021/ms Signature Not Verified DigitallySigned By:AWANISH CHANDRA MISHRA Signing Date:22.10.2021 18:18:46