The counsel highlighted that the MCD was guilty of “speaking in two voices.”
It was submitted that the corporation’s own Public Health Department had granted the establishment a valid health trade licence on July 14, expressly permitting it to operate an “Eating Establishment (20 to 50 seats)” at the very same premises till December 31.
Therefore, the Building Department could not simultaneously brand the exact same permitted activity as actionable misuse warranting coercive closure.
The plea further pointed out that any summary sealing would unlawfully imperil the livelihood of nearly 40 employees and disregard the protective provisions available under the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011, as well as the mixed-use framework governing urban villages like Saidulajab.
After hearing the submissions, the Court recorded that an opportunity must be afforded to the petitioner to place its case on record before any coercive measures are initiated.
Advocate Amit George, along with advocates Abhinav Jagannathan, Rajnish Kumar Jha, Nishant Shrivastava and Tanushree Gupta appeared for the petitioner.
Advocate Shivam Sachdeva represented the Municipal Corporation of Delhi.
[Read Order]