M/S IMPERFECTO v. SDMC AND ANR.

1. On January 09, 2018, the matter was renotified for today. It is the case of the respondent No.l, a PIL with respect to the area where the property is situated is pending consideration before the Bench headed by Hon'ble the Acting Chief Justice. The learned counsel for the respondent 2018:DHC:9205 No.l has drawn my attention to an order dated January 12, 2018 passed by the Division Bench, considering the PIL wherein the Court has clarified that the Court has not interdicted proceedings in any other Court and that the Court before which issues are brought up by any individual restaurant may consider the same in accordance with law. (

2. It is the submission of the learned counsel for the respondent No.l, in view of the order passed bythe Division Bench inthe PIL, this matter needs to be considered on its own merits. The learned counsel for the respondent No.l has also drawn my attention to an order dated November 15,.2017 passed by the South Delhi Municipal Corporation, which reads as under:- "NO.DHO/SZ/2017/D-2038 Date: 15/11/17 Speakins order In compliance of order dated 18.10.17 of Honorable Judge of High Court of Delhi, in t4he matter of M/S IMPERFECTO v/s SDMC W.P.(C) 8262/2017 and Cm APPLs.. 'V 33991-33992/2017 & 37128/2017, Joint Inspection was conducted on dated 7.11.17 in thepresence ofArea PHI & JE (Building) to decide the points raised in the representation made by the petitioner on dated 18.10.17. The present status report is as under..,

1. Area JE in his report dated 7.11.17 submitted that the height of the building in which restaurant was running is less than 15 meters.

2. Area PHI in his report dated 7.11.17 submitted that the seating capacity of the restaurant at the time ofinspection was 46seats, and the kitchen wasfound ingood sanitary condition. In view of the above the condition for which license was revoked earlier has been complied. " f:/.T

3. It is her submission that in view of the order passed by the SDMC, three deficiencies as pointed out by the SDMC earher have since been removed by the petitioner. She states, in view of this order, the follow up action shall be taken by the SDMC within 10 days from today.

4. In view of the statement made by the learned counsel for the respondent No.l, Mr. Jain states the grievance of the petitioner in the writ petition stands satisfied and the petition be disposed of as such. Ordered accordingly. CM Nos. 37128/2017. 33991/2017 & 45159/2017 As the writ petition has been disposed of on the basis ofthe statement made by the learned counsel for the respondent No.l, these applications have become infructuous and are disposed of as such. The date of13'^ February, 2018 already fixed stands cancelled.

V. KAMESWAR RAO, J

JANUARY 30, 2018/^^