Naveen Tokas v. Government Of NCT Of Delhi And ORS.

$~17 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3149/2018 NAVEEN TOKAS ..... Petitioner Through:

Mr. Amitabh Neehar, Adv.

versus GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondents Through:

Mr.

Devesh Singh, ASC (Civil) GNCTD with Ms. SukritiGhai& Ms.

Urvashi Tripathi, Advs. for R-1, 3 and 5.

Mr. G.D. Mishra, Standing Counsel for R-2/SDMC.

Mr.

Sumeet Pushkarna, Standing counsel with Mr. Anshul Aditya, Adv. for R-4.

Mr.

Uday Prakash Yadav, Mr.

Ramjee Pandey & Mr. Sujit Kumar, Advs. for R-6.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 27.02.2019 The petitioner's grievance is in relation to a restaurant under the name and style of Vedanta's Restaurant and a gymnasium being run from the ground floor and the basement of property bearing House No. 209 B/3 Munirka Village, New Delhi. The petitioner contends that the restaurant is being run unauthorizedly without the requisite Health Trade Licence ; and running the gymnasium amounts to misuse of the subject premises.

2.

All respondents in the matter are represented. 3.

In status report dated 24.09.2018 respondent No. 2/SDMC

states that insofar as the restaurant is concerned, it holds a Health Trade Licence valid up-to 31.03.2019. In so far as the gymnasium is concerned, the status report records, that running a gymnasium from the basement of the subject premises is impermissible; since it is impermissible to run a gymnasium from a basement and without the requisite Health Trade Licence.

4.

The status report also says that a challan has been issued to the owner/occupier of the gymnasium on 05.04.2018; a show-cause notice dated 20.09.2018 has also been issued; and further action will be taken in due course of time.

5.

Mr. G.D. Mishra, learned Standing Counsel for respondent No. 2/SDMC states on instructions that a closure notice dated 25.02.2019 has also been issued to the gymnasium.

6.

While the petitioner is not fully satisfied with the action that has been taken by respondent No. 2/SDMC, he states that he wishes to withdraw the present petition reserving his liberty to approach the Special Task Force constituted by Ministry of Housing and Urban Affairs (MHUA's) vidé Office Memorandums dated 25.04.2018 and 23.05.2018 under the directions of Supreme Court in W.P (C) No. 4677/1985 titled M.C. Mehta vs. Union of India &Ors. 7.

Accordingly the present petition is dismissed as withdrawn, with liberty as prayed for.

ANUP JAIRAM BHAMBHANI, J.

FEBRUARY 27, 2019/uj