Faiz v. The Commissioner, Edmc & ORS

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3403/2016 FAIZ ..... Petitioner Through Mr.Sanobar Ali Qureshi, Advocate.

versus THE COMMISSIONER, EDMC & ORS ..... Respondents Through Mr.Mohd. Faisal, Advocate.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 19.08.2016 Petitioner is aggrieved by the fact that his application seeking opening of a meat shop in shop No.1, at property No.D-71, GF, Khasra no.801, Mandwali Fazalpur, West Vinod Nagar, Delhi had been rejected.

This order had been passed on 10.02.2016. The fact that this order was passed rejecting the application on 10.02.2016 had been brought to the notice of this Court by the respondent. The petitioner is aggrieved by the notice dated 20.01.2016 issued by the Department wherein his application for grant of licence for sale of mutton and chicken was not considered. His submission is that it was in terms of the new policy introduced (w.e.f. 01.01.2016) a No Objection Certificate from the concerned Municipal Councillor had to be obtained and in the absence of which the application of the petitioner could not be considered.

Admittedly, the petitioner had applied for the licence for running a meat shop on 10.12.2015 which was before the new policy come into existence. Noting the provision which necessarily requires a No Objection Certificate to be obtained from the concerned Municipal Councillor but the petitioner having applied before the new policy came into existence (there was no such requirement in terms of the old policy); it is ordered that the application of the petitioner (dated 10.12.2015) be considered afresh in terms of the old policy. A speaking order shall be passed within three weeks from today by the respondent.

Petition disposed of.

INDERMEET KAUR, J AUGUST 19, 2016 ndn