S V Aromatics v. North Delhi Municipal Corporation

$~2 to 8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14089/2018 & CM APPL.54927-28/2018 + W.P.(C) 14090/2018 & CM APPL.54929-30/2018 + W.P.(C) 14091/2018 & CM APPL.54931-32/2018 + W.P.(C) 14092/2018 & CM APPL.54933-34/2018 + W.P.(C) 14093/2018 & CM APPL.54935-36/2018 + W.P.(C) 14094/2018 & CM APPL.54937-38/2018 + W.P.(C) 14095/2018 & CM APPL.54939-40/2018 VEERA FRAGNANCES PRIVATE LTD ..... Petitioner S V AROMATICS ..... Petitioner VARDHMAN TRADING COMPANY ..... Petitioner ISHA AROMATICS ..... Petitioner HARISH C KHOSLA & COMPANY ..... Petitioner JK SUGANDHALAYA ..... Petitioner INDIAN AROMATIC COMPANY ..... Petitioner versus NORTH DELHI MUNICIPAL CORPORATION ..... Respondent Through:

Present:

Mr.Paritosh Budhiraja, Ms.Surabhi Maheshwari & Mr.Ashwani Ahuja, Advocates for the petitioners.

Mr.Mukesh Gupta, Standing Counsel with Mr.Sanjay Baniwal, Advocate for NDMC

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 31.12.2018 1.

The petitioners in these matters are traders in perfumeries/fragrances/

aromatics and contend that they are not covered by the orders passed in W.P.(C) 5378/2016 [Society for Awareness and Development vs. Union of India & Ors.], which requires sealing of all premises dealing with chemical trade in the walled city area. By various orders passed in the said petition, in respect of the Chemical Traders Association, the Division Bench had extended the period for sealing of the premises until 31.12.2018 and made it clear that members of the said association would not be permitted to carry out their activities at their present place beyond 31.12.2018. By an order dated 20.08.2018, the Division Bench had constituted a Committee to monitor the implementation of the Master Plan. 2.

Learned counsel for the parties have drawn my attention to various orders passed in similar cases where other petitioners have contended that they are not dealing with chemicals or explosive substances and are, therefore, not covered by the orders passed in the aforesaid writ petition. By orders dated 21.12.2018 in the W.P.(C) Nos.3853/2018 & 14058/2018, the Division Bench has directed the petitioners therein to make a representation to the Committee concerned which shall examine the same and pass appropriate orders in accordance with law. A learned Single Judge has also passed similar orders in W.P.(C) 13965/2018 also on 21.12.2018, and has also directed that till the decision of the Committee is communicated to them, no coercive action will be taken qua their premises. 3.

Following the aforesaid orders passed by the Division Bench, these petitions are also disposed of with liberty to the petitioners to approach the Committee within a period of one week pointing out the nature of the trade being carried out by them. The Committee will examine the same and pass

appropriate orders in accordance with law. The Committee may call the petitioners for hearing, if they consider it necessary. In view of the fact that the petitioners' trade and business is adversely affected, the Committee is requested to consider the matter at the earliest opportunity, preferably within three weeks.

4.

Learned counsel for the petitioners states that only one of the petitioners, namely Indian Aromatic Company [petitioner in W.P.(C) 14095/2018] has applied and been allotted an alternate plot. Needless to say, if the Committee concerned holds in favour of the said petitioner, the petitioner will surrender the alternate plot. 5.

No further orders are called for in these writ petitions. They are accordingly disposed of.

6.

A copy of the order be given dasti, under the signature of the Court Master.

PRATEEK JALAN, J.

(VACATION JUDGE) DECEMBER 31, 2018 „hkaur‟