Delhi High Court - Orders
Bel Cibo Hospitality Pvt Ltd vs Municipal Corporation Of Delhi And Ors on 3 April, 2024
Author: Sachin Datta
Bench: Sachin Datta
$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4872/2024
BEL CIBO HOSPITALITY PVT LTD ..... Petitioner
Through: Mr. Kaushal Jeet Kait, Mr. Kritagya
Kumar Kait, Mr. Daksh Gupta, Mr.
Gaurav Dua, Mr. Jatin Yadav, Mr.
Mohit Joshi and Mr. Parimal Bhatia,
Advs.
versus
MUNICIPAL CORPORATION OF DELHI AND ORS.
..... Respondents
Through: Mr. Ashutosh Gupta and Mr. Abhinav
Shokeen, Advs. for MCD (through
v/c)
Mr. Tushar Sannu, Adv. for GNCTD.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 03.04.2024 CM APPL.19904/2024 (Exemption) Allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(C) 4872/2024
1. The present petition has been filed by the petitioner being aggrieved by the inaction on the part of the respondent no.2 in granting requisite licence to the petitioner under the Regulations for Licencing Places of Public Amusement and Public Amusement Performances (other than Cinema), 2023.
2. Learned counsel for the petitioner submits that requisite application was submitted by the petitioner initially on 21.07.2023 followed by another This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2024 at 03:22:14 application dated 21.11.2023. It is submitted that all the requisite formalities/pre-requisite have been complied with by the petitioner, yet, the petitioner's application has not been processed.
3. Learned counsel for the petitioner also draws attention to a communication dated 19.03.2024, passed by the MCD whereby the MCD has obviated the requirement of a Health Trade Licence from the MCD for the purpose of grant of the requisite licence. The said letter reads as under:
"MUNICIPAL CORPORATION OF DELHI OFFICE OF DY. HEALTH OFFICER, NAJAFGARH ZONE ROOM NO. 408, 4TH FLOOR, DHANSA STAND NAJAFGARH, NEW DELHI-110043 No. DHO/NGZ/MCD/2024/D-2719 Dated 19.03.2024 Subject: Regarding request for License of permanent place of public amusement from M/s Khubani, Hotel Andaz, Aerocity, New Delhi.
Undersigned is in receipt of request to issue license for permanent place of amusement inside tread of eating establishment M/s Khubani, Hotel Andaz, Aerocity, New Delhi.
In this regard you are informed that M/s Khubani is in possession of HTL for eating establishment as well as Discotheque. Currently, policy of HTL for public amusement is under process in MCD and has been already approved by house and will be implemented as soon as MCD gets lifted with online licence through unified MHA portal. Since, currently there is no such policy from MCD and the same is under process, Delhi police is requested to process application of M/s Khubani at their end and may consider their application for granting Licence of permanent place of amusement without HTL from MCD in public interest and east of doing business.
Deputy Health Officer Najafgarh Zone."
4. Issue notice.
5. Learned counsel, as aforesaid, appears and accepts notice on behalf of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2024 at 03:22:14 respondents.
6. Learned counsel for respondent nos.1 and 2 submits that he will take instructions as to why grant of licence to the petitioner has been held up; he assures that requisite steps shall be taken to ensure that the petitioner's application is processed expeditiously.
7. List on 08.04.2024.
CM APPL.19905/2024 (Stay)
8. Learned counsel for the petitioner submits that the limited prayer being sought by him is that pending consideration of the petitioner's application for grant of a permanent licence under the aforementioned regulations, the respondents be directed to grant temporary licence to the petitioner for the purpose of holding public performances.
9. Learned counsel for the petitioner submits that there is a practice of granting temporary licences, and for this purpose he draws attention to Annexure P-16 filed with the present petition. Learned counsel for the petitioner submits that grave prejudice will be caused if temporary licence is not granted inasmuch as certain live performances are scheduled to be held today i.e. 03.04.2024.
10. Considering the submissions made, the respondent nos.1 and 2 are directed to process the petitioner's application for temporary licence, including the application stated to have been submitted by the petitioner for the live performance scheduled today i.e. 03.04.2024.
11. List on 08.04.2024.
12. Dasti.
APRIL 3, 2024/cl SACHIN DATTA, J This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2024 at 03:22:15