Swaroop Nagar Ekta Sangathan Samiti Registered v. Govt Of NCT Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8376/2024 SWAROOP NAGAR EKTA SANGATHAN SAMITI REGISTERED ..... Petitioner Through:

Mr.Lakshay Kumar, Advocate with Mr.Gitesh Aneja, Advocate.

versus GOVT OF NCT OF DELHI & ORS.

..... Respondents Through:

Ms. Arshya Singh and Ms. Mahak, Advocates for Mr. Anuj Aggarwal, ASC, GNCTD for respondents No.1 and 2.

Ms.Monika Arora, Advocate with Mr.Subhrodeep Saha, Advocate for R-4.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 01.06.2024 1.

Present public interest petition has been filed by a registered resident welfare association seeking sealing of a liquor-vend operating from Plot No. 2, Khasra No. 16/25, Ground Floor, Village Libaspur, Main Burari Road, Swaroop Nagar, Delhi-110042.

2.

Learned counsel for the Petitioner states that the Petitioner came to know on 12th May, 2024 that a liquor vend has been opened in a residential premise which violates Para 15.6.2 (e) of the MPD, 2021 as the opening of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

liquor vends in a residential premise under the mixed-use policy of the MPD, 2021 is expressly prohibited.

3.

He further states that the said Liquor vend is being operated with an invalid license "for opening and operating a liquor vend" from Respondent Nos.1 and 2 for the premises on which the liquor-vend is being operated at present. He states that Respondent Nos. 1 and 2 were granted a license to open and operate a liquor vend at "Plot no. 2, Khasra No.16/25, Ground Floor, Swaroop Nagar Extn., Delhi-110042" to the licensee but the licensee began operating a liquor vend at "Plot No.2, Khasra No.16/25, Ground Floor, Main Burari Road, Swaroop Nagar, Village Libaspur, Delhi-110042". 4.

He also states that the premises on which the liquor-vend is being operated is in the vicinity of the Government Boys Senior Secondary School, Swaroop Nagar, Delhi-110042. He states that around 1500 children between five to eighteen years of age are being educated in the above said school and the liquor vend lies on the way, to and from, the said school and is thereby causing grave inconvenience and hardship to the parents and the children.

5.

A perusal of the paper book reveals that the Petitioner has made a representation/complaint dated 18th May, 2024 to Respondent No.2-Excise Commissioner which has not been disposed of till date. 6.

Keeping in view the aforesaid, the present writ petition is disposed of with a direction to the Respondent No.2- Excise Commissioner to decide the representation/complaint dated 18th May, 2024 by way of a reasoned order in accordance with law within two weeks. The rights and contentions of all the parties are left open.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

In the event the petitioner is aggrieved by the decision of the Respondent No.2, it shall be at liberty to file appropriate proceedings in accordance with law.

ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J JUNE 1, 2024/TS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.