High Court of DelhiW.P.(C)/12131/2016

Mohd Shees And ORS v. East Delhi Municipal Corporation

2017-02-27Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12131/2016 MOHD SHEES AND ORS ..... Petitioners Through Mr.Vijay Kasana and Mr. Prashant Khatna, Advocate.

versus EAST DELHI MUNICIPAL CORPORATION ..... Respondent Through Mr.Shitij Vats, Advocate with Mr.Maan Lal Sharma, Deputy Director, EDMC.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 27.02.2017 C.M. No.47927/2016 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

W.P.(C) 12131/2016 There are six petitioners before this Court. They had applied for renewal of their meat trade licence/veterinary trade licence prior to the expiry of their first licence which is an admitted fact. A no objection certificate from the Municipal Authorities was awaited. The same was not given to them. The contention of the Department (as is evident from their counter affidavit) was that the earlier conditions which had been imposed upon the Department that

an NOC/consent of the area Councillor has to be obtained before the grant of a licence of a meat shop has been quashed by a Bench of this Court on 31.5.2016 in WP(C) 4481/2016 titled Delhi Meat Merchants Association Vs. EDMC & Ors. Contention of the Department is that a new policy is now being formulated which under active consideration. The grievance of the petitioner is that he has been charged by the Department for a late payment where as he admittedly applied for renewal of his meat trade licence within time. On this score the Department submits that the new policy which is under active consideration shall also consider sympathetically the case of the petitioner for waiver of late payment fee.

If the only reason for the late payment is that the licence of the petitioner could not be renewed in view of the fact that he had not obtained consent of the concerned Municipal Councillor (that condition has now been struck down by the judgment of this Court) this contention of the petitioner shall be considered in positive manner by the Department. With this direction petition disposed of.

INDERMEET KAUR, J FEBRUARY 27, 2017 ndn