High Court: We are here to protect Life and personal Liberty of every Citizen

August, 22,2017:

Petition claimed that the Restaurants in crowded area posed a grave security risk and the fire hazard.

Delhi High Court has send out a strong message to those eateries at Hauz Khas village operating without the mandatory clearances, saying “we are here to protect life and personal liberty of every person in the city”.

Bench comprising of the Acting Chief Justice Gita Mittal and Justice C Hari Shankar clarified that it will consider the owners’ right to practice the profession, which has been guaranteed under Constitution.

Court further enunciated that,“We will balance rights of the every person including owners of properties, but only if one has complied with building bye-laws and master plan. Violators will have to go”.

High Court made the observation's were made during hearing of the petitions filed by Social Activist Pankaj Sharma and Advocate Anuja Kapur, who alleged that there are over 120 restaurants and pubs running in area without any building plan approval or no objection certificate (NOC) from Authorities, including fire department.

The Petition alleges that the “unlawful existence” of the restaurants, pubs, fashion studios, bars serving the liquor without the licence, art galleries and the other buildings in Hauz Khas village.

Petitioners have claimed that these restaurants posed a grave security risk and fire hazard and apart from that crowd in area had made it impossible for the emergency vehicles like the ambulances and the fire trucks to gain access to restaurants.

Thus, High Court has directed South Delhi Municipal Corporation to provide a site plan of area indicating width of the street, location of properties and village area and also permissible usage of properties according to master plan of Delhi.

While responding to Court’s direction, Corporation submitted that they have already issued closer notices to the 19 restaurant owners, who have failed to get the mandatory clearances from bodies and Government.

Delhi Police has informed HC that there are around 5,000 footfalls on the weekdays and over 15,000 on the weekends.

Police further added that there are around 45 eateries in Hauz Khas Village, of which 26 have the valid licence, eight have applied for the renewal and four have fresh licence. Village has 7 restaurants which were operating without the licenses.

High Court has fixed the matter for the further hearing on September 5,2017.

Source PTI