Neelam Rani vs South Delhi Municipal ...
2019 Latest Caselaw 5244 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                       Date of Decision: 30th October, 2019
+      W.P.(C) 11452/2019
       NEELAM RANI                                      ..... Petitioner
                          Through:     Mr. M. Hasibuddin, Adv.

                          versus

       SOUTH DELHI MUNICIPAL CORPORATION & ORS
                                                    ..... Respondents
                    Through: Mr. Amrit Pal Singh, Adv. for R-1
                    Mr. Arun Birbal & Mr. Sanjay Singh, Advs. for
                    DDA
                    Mr. Sumit Agarwal, Adv. for R-3

       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR
                                   JUDGMENT

D.N. PATEL, Chief Justice (Oral)

1. Having heard the counsel for both sides and looking into the facts and circumstances of the case, it appears that this Public Interest Litigation has been preferred with the following prayers:

"a. Direct the respondent no.l to close the mutton 85 chicken Shop bearing no.19 situated at J Block, Nearby Bus Stand, DDA Market, Saket, New Delhi in the interest of public at large.

b. Pass any other or further orders as this Hon'ble Court may be deemed fit and proper in the given facts and circumstances of the case and in the interest of Justice."

2. Looking to the facts and circumstances of the case, it appears that

against Shop No.19 which is situated at J-Block, nearby Bus Stand, DDA Market, Saket, New Delhi, the present writ petition has been preferred.

3. Counsel appearing for the respondents submitted that the shop in question is functioning with having a valid license for selling mutton and chicken. Thus, it appears that without proper homework this writ petition has been preferred. Nonetheless, we hereby direct that if there is any illegality in running Shop No.19 situated at J-Block nearby Bus Stand, DDA Market, Saket, New Delhi, found by the respondents, then action will be taken by the respondents in accordance with law, rules, regulations and Government policy applicable to the facts of the present case, after giving an adequate opportunity of being heard to the owner and occupier of the shop in question.

4. With these observations, this writ petition is hereby disposed of.

CHIEF JUSTICE

C.HARI SHANKAR, J

OCTOBER 30, 2019 ns