Mohd Arif v. Municipal Corporation of Delhi

1. The present petition has been filed seeking directions to the Municipal Corporation of Delhi (“MCD”), to withdraw the Closure Notice cum Rejection Letter bearing No. DHO/Shah(S)/2025/D-182 dated 20th June, 2025, issued by the MCD.

2. The petitioner, in the present case, is running a manufacturing and trading business under the name of „The Bake Hous‟ and has rented a Shop bearing No. G-1, Ground Floor, Main Market Shakarpur, Delhi-110092.

3. It is submitted that shop is located in a commercial area, as declared and notified by the Urban Development Department, Government of National Capital Territory of Delhi (“GNCTD”).

4. The Closure Notice was issued by the MCD, mainly on the ground that the petitioner was using a Diesel Oven, which has been disputed by the P a g e 2 | 6 petitioner.

5. Today, learned counsel appearing for the MCD submits that on the aspect of the Diesel Oven, the representation of the petitioner has been considered and it has been accepted that the petitioner is running a Gas Operated Oven and not a Diesel Oven.

6. Learned counsel appearing for the MCD draws the attention of this Court to the Office Order dated 18th March, 2025, issued by the Public Health Department, MCD, containing the terms and conditions of the Health Trade License. The said Office Order dated 18th March, 2025, reads as under: P a g e 3 | 6 P a g e 4 | 6 P a g e 5 | 6

7. Learned counsel appearing for the MCD submits that, in case, the petitioner complies with all the requisite compliances, as given in the aforesaid Office Order, the MCD shall allow the petitioner to continue with its operation.

8. At this stage, learned counsel appearing for the petitioner submits that the petitioner shall comply with all the terms and conditions of the Health Trade License and shall also maintain the premises, as well as the area around the premises, in a hygienic manner.

9. Considering the aforesaid undertaking on behalf of the petitioner and also the submission, as noted aforesaid, with regard to the Gas Operated Oven being used by the petitioner, the impugned Closure Notice cum Rejection Letter dated 20th June, 2025, issued by the Public Health Department, is hereby set aside.

10. The petitioner is held bound to comply with all the requisite P a g e 6 | 6 compliances of the Health Trade License and follow the same scrupulously.

11. With the aforesaid directions, the present writ petition, along with the pending application, is disposed of. MINI PUSHKARNA, J SEPTEMBER 23, 2025