Ganpati Additives Pvt Ltd & ANR v. Government Of NCT Of Delhi & ORS

$~109 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 14th December, 2018 + W.P.(C) 13527/2018 GANPATI ADDITIVES PVT LTD & ANR ....Petitioners Through:

Mr. Manoj Arora, Mr. Siddharth Shankar and Ms. Pallavi, Advs.

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

Mr. Sanjeev Singh with Mr.

Raghuvendra Pandey, Advs. for R-1 Mr. Pawan Mathur, Standing Counsel for DDA Ms. Jyoti Taneja, Standing Counsel for SDMC

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR O R D E R (ORAL) % 14.12.2018 1.

This writ petition is directed against show cause notice dated 27th December, 2017, issued to the petitioner, which alleges that the petitioner is trading and storing dyes and chemicals in its premises without Municipal license in violation of Section of 417 of the Delhi Municipal Corporation Act, 1957 and in contravention of orders passed by this Court, despite the property in question being located in the walled city area.

W.P.(C).13527/2018

2.

Learned counsel appearing for the petitioner submits that no decision is being taken on the show cause notice despite the passage of near a year since the issuance thereof, and also points out that the representations filed by his client to the respondents have fallen on deaf ears.

3.

Be that as it may, given the nature of the allegation and the show cause notice, I am of the opinion that this Court cannot interfere at this stage. The respondents are, however, directed to take into account the responses of the petitioner to the show cause notice as well as all earlier representations made by the petitioner to the respondent, and to adjudicate the show cause notice within a period of four weeks. They are also directed to afford an opportunity of personal hearing to the petitioner prior to the adjudication of the show cause notice.

4.

Needless to say, I have not expressed any opinion on the merits of the case. The petitioner would also be entitled to his rights and law, should he remain aggrieved by the decision taken on the show cause notice.

5.

This writ petition is disposed of, accordingly with no orders as to costs.

C. HARI SHANKAR, J DECEMBER 14, 2018/bh W.P.(C).13527/2018