Delhi High Court
Elf Cafe & Bar (A Unit Of In-Culture ... vs Sub Divisional Magistrate ... on 8 March, 2018
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 8.3.2018
+ W.P. (C) 1895/2018 & CM No.7865/2018
ELF CAFE & BAR (A UNIT OF
IN-CULTURE HOSPITALITY) ..... Petitioner
Through: Mr. Prashant Katara and Mr. Soin
Khan, Advs. alongwith Mr. Danish
Wani, AR
versus
SUB DIVISIONAL MAGISTRATE
(S.D.M) & ANR. ..... Respondents
Through: Mr. Shadan Farasat, ASC with Mr.
Shashi Pratap Singh, Adv. for
GNCTD
Mr. B. Mahapatra, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
RAJIV SHAKDHER, J. (ORAL)
1. This is a writ petition which seeks to challenge the order
dated 23.9.2017, passed by respondent no.1/Sub Divisional
Magistrate, Hauz Khas (SDM).
2. The consequential prayer made by the petitioner is that the
SDM be directed to de-seal the concerned unit which is described
as: 'Elf Cafe & Bar @ Elf Cafe Lounge, situate at A-26, Second
Floor, Hauz Khas Village, New Delhi-110016' (for short 'unit').
3. Notice in this writ petition was issued on 27.2.2018. On that
date, Mr. Shadan Farasat accepted notice on behalf of the SDM.
4. Today, Mr. Mahapatra appears on behalf of respondent no.2,
i.e., the Delhi Pollution Control Committee (in short 'DPCC').
5. Mr. Shadan Farasat submits that in view of the fact that the
petitioner relies upon an order passed by another Single Judge of
this Court dated 7.2.2018, in W.P.(C) No.585/2018, titled: M/s.
Bondstreet Hospitality & Events Pvt. Ltd. vs. Sub Divisional
Magistrate (SDM) & Anr. the respondents do not wish to file a
counter affidavit as the stand of the respondents is no different in
this case.
6. Briefly, the grievance of the petitioner is that due to the
subject unit being sealed, ingress and egress to the concerned
premises stands impeded.
7. It is not disputed by the counsel for the respondents that the
petitioner has in his possession, the Consent to Establish.
According to the respondents what has been revoked is the Consent
to Operate.
7.1 Therefore, all that the petitioner seeks in terms of the
judgment rendered in Bondstreet Hospitality is the de-sealing of
the subject unit.
7.2 It is ordered accordingly. The subject unit will be de-sealed
by the SDM.
7.3 As is indicated in the matter of Bondstreet Hospitality
(supra), the fact that de-sealing is ordered would not be taken as if
this Court had granted approval to the petitioner to operate the
subject unit sans the requisite statutory permissions and/or
approvals.
7.4 It is emphasised that the petitioner will not operate the
subject unit as a restaurant/eating place till all requisite permissions
and approvals are obtained and measures, such as, fire safety
protocol etcetera are put in place with the consent of the relevant
statutory authority. An undertaking in that behalf will be filed with
the Court within two weeks from today. The SDM will act on the
order passed by this Court.
8. The petition and CM No.7865/2018 shall stand disposed of
in the aforementioned terms.
9. Dasti.
RAJIV SHAKDHER
(JUDGE)
MARCH 08, 2018
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