Siddarth v. North Dlehi Municipal Corporation & ANR

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8776/2018 SIDDARTH ..... Petitioner Through:

Mr. Pramod Kr. Sharma, Adv.

versus NORTH DLEHI MUNICIPAL CORPORATION & ANR ..... Respondents Through:

Mr. Rajat Joseph, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 11.03.2019 1.

The challenge in the writ petition is to the order dated March 13, 2018 which is a speaking order passed by the North Delhi Municipal Corporation with regard to the application of the petitioner herein for renewal of Health Trade Licence. This order was passed in compliance with the order dated November 02, 2017 passed by this Court in CM (M) 201/2015. The reasons given in rejecting the request are as under:

"That minutes of the meeting were recorded in the present of your representative who stated that Shop under reference in unable for being partitioned as demanded due to injunction order of another court the further stated that the said trade of Dhaba has been closed down wilfully at site due to the reasons discussed in the meeting & non renewal of Heath Trade License as such on dated 12.03.2018 area inspector visit the site and trade was closed." 2.

Mr. Sharma, learned counsel appearing for the petitioner by conceding that the NDMC has vide letter dated February 22, 2018 called

upon the petitioner to get the premises Shop No.8387 isolated and to submit two copies of site and key plan on blue print showing its size and duly signed by Registered Architect.

3.

According to him, this stipulation of the NDMC has not been complied with for the reason that there is a stay granted by this Court in CS (OS) 2472/2015. In other words, if any action is taken by the petitioner in terms of the stipulation of the North Delhi Municipal Corporation in the letter dated February 22, 2018, the same shall be in violation of the order. 4.

After arguing for some time, Mr. Sharma states that the petitioner shall comply with the stipulation of the North Delhi Municipal Corporation dated February 22, 2018 to enable North Delhi Municipal Corporation take further action on his request for renewal of the Health Trade Licence. 5.

In view of the aforesaid submission made by Mr. Sharma, nothing further survives in the writ petition, the same is disposed of. V. KAMESWAR RAO, J MARCH 11, 2019/aky