Anuja Kapur v. Union of India & Ors.

Delhi High Court · 03 Feb 2020 · 2020:DHC:761-DB
D. N. Patel; C. Hari Shankar
W.P.(C) 258/2017
2020:DHC:761-DB
administrative petition_dismissed

AI Summary

The Delhi High Court directed authorities to investigate and take lawful action against illegal pubs and bars in Hauz Khas after due process, but declined to impose a blanket ban without joining affected parties.

Full Text
Translation output
W.P.(C) 258/2017
HIGH COURT OF DELHI
Date of Decision: 03.02.2020
W.P.(C) 258/2017
ANUJA KAPUR ..... Petitioner
Through: Petitioner in person
VERSUS
UNION OF INDIA & ORS ..... Respondents
Through: Mrs. Suparna Srivastava with Mr.Tushar Mathur, Advs. for R-1 & 2
Mr. Mukesh Gupta & Mr.Ajjay Aroraa, Standing Counsel with Mr. Kapil Dutta, Adv. for SDMC
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
D.N. PATEL, CHIEF JUSTICE (ORAL)

1. This Public Interest Litigation has been preferred with the following prayers: “(a) Pass an order directing Respondents No. l to 5 to impose complete ban on illegally violation of law, in convenience with local police NDMC and Mafia's on that Hauz Khas area. South, Delhi, (b) Pass order/directions Respondents No. l to 5 to establish good environment for well being general public.

(c) Pass any other or further order which this Hon'ble Court deems fit, proper and expedite in favour of the applicant, in the interest of justice.”

2. We have heard the petitioner in person and counsel for respondents at 2020:DHC:761-DB W.P.(C) 258/2017 length. It appears that this petitioner is in search of a direction or order from this Court to respondent Nos.[1] to 5 to ban the illegally running pubs and bars at Hauz Khas area, South Delhi so as to establish good environment in the area for well being of public at large.

3. We are of the considered view that without joining the affected party/parties as respondent/s, no specific direction can be given by this Court. Nonetheless, we hereby direct respondent Nos.[1] to 5 to look into the grievances ventilated in this petition and if any illegal pubs, restaurants, bars, etc. are being run in the area, the action shall be initiated by respondent Nos.[1] to 5 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 concerned person/owner/occupier of the premises in question. The action shall be initiated as early as possible and practicable.

4. With these observations, this writ petition stands disposed of.

CHIEF JUSTICE C.HARI SHANKAR, J FEBRUARY 03, 2020