Nirmala Devi v. GNCT of Delhi

Delhi High Court · 07 Jul 2011 · 2011:DHC:17220
Rajiv Sahai Endlaw
W.P.(C) 4646/2011
2011:DHC:17220
administrative petition_allowed Significant

AI Summary

The Delhi High Court allowed the writ petition directing the Drugs Control Department to grant a chemist shop license where the petitioner complied with conversion conditions despite the land being allotted for residential purposes.

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42$~ HIGH COURT OF DELHI
W.P.(C) 4646/2011
NIRMALA DEVI ..... Petitioner
Through: Mr. Deepak Chopra & Mr. Rajesh Kumar, Advs.
VERSUS
GNCT OF DELHI ..... Respondent
Through: Ms. Neha Kapoor, Adv. for Mr. Najmi Waziri, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
07.07.2011
ORDER

1. The petitioner is aggrieved from the order dated 2ih May, 2011 ofthe Drugs Control Department refusing license to the petitioner for a Chemist Shop in property No.1, Ground Floor, Plot No.C-21, Pappan Kalan, Sector- 7, Dwarka, New Delhi for the reason of the allotment of the land underneath the said shop being for residential purposes. The petitioner relies upon orders in other similar writ petitions and states that the petitioner has complied with the conditions on which the petitioners in the said other writ petitions were granted the relief; that the petitioner has filed the site plan as well as the proof ofpayment of conversion charges with the respondent.

2. The counsel for the respondent appearing on advance notice has fairly conceded that the case ofthe petitioner is covered by the orders in the said W P (C) ~M[6] 20Jl 2011:DHC:17220 similar writ petitions being W.P.(C) Nos.16588/2004, 2258/2010, 3367/2010, 3278/2010, 1046/2010 and 11448/2009 and that the petitioner in accordance therewith is entitled to the relief.

3. Accordingly, the order dated 2ih May, 2011 impugned in this petition is set aside and the writ petition is allowed. The respondent is directed to consider the application of the petitioner in terms of the directions in the writ petitions aforesaid. No order as to costs. Dasti.

RAJIV SAHAI ENDLAW, J JULY 07, 2011 'gsr'