NEW DELHI: Archaeological norms and development bye-laws should be applicable to all restaurants and eateries within the Hauz Khas house here, the Delhi top court has seen while directing the local government to act towards all violators.
The statement by Justice VK Rao came all over the hearing of a plea of a Hauz Khas eatery that used to be shut down for being located in a structure of over 15 metre peak, violating the rule of thumb laid down by the Archaeological Survey of India (ASI).
The eatery, Moonshine Cafe and Bar, had claimed that it used to be located on the second one flooring of the development the place there have been other restaurants that have been allowed to function and had sought an identical aid for itself.
The top court rejected the competition announcing it "cannot claim any negative equality" and brushed aside the plea challenging the decision of the South Delhi Municipal Corporation (SDMC) to near the eatery and revoke its licence.
The court, on the other hand, advised the SDMC and other government involved that if there used to be violation of any development bye-laws or permission granted by the ASI, it "should be an impediment for everyone to run a restaurant".
"The respondents cannot close their eyes and allow the illegality to be perpetuated by other restaurants in the same building. The respondents are required to take action in that regard," the court said.
The restaurant had challenged the SDMC's August 17 closing yr's choice wherein its health industry licence used to be revoked and it used to be requested to shut store.
The corporation had taken the decision because the eatery used to be running from a development that used to be greater than 15 metres in peak which used to be now not approved within the house as in keeping with ASI norms.
Apart from that the opposite causes cited by the corporation were that the eatery used to be being operated in unhygienic conditions and used to be catering to greater than 48 persons with none fire protection clearance.
The statement by Justice VK Rao came all over the hearing of a plea of a Hauz Khas eatery that used to be shut down for being located in a structure of over 15 metre peak, violating the rule of thumb laid down by the Archaeological Survey of India (ASI).
The eatery, Moonshine Cafe and Bar, had claimed that it used to be located on the second one flooring of the development the place there have been other restaurants that have been allowed to function and had sought an identical aid for itself.
The top court rejected the competition announcing it "cannot claim any negative equality" and brushed aside the plea challenging the decision of the South Delhi Municipal Corporation (SDMC) to near the eatery and revoke its licence.
The court, on the other hand, advised the SDMC and other government involved that if there used to be violation of any development bye-laws or permission granted by the ASI, it "should be an impediment for everyone to run a restaurant".
"The respondents cannot close their eyes and allow the illegality to be perpetuated by other restaurants in the same building. The respondents are required to take action in that regard," the court said.
The restaurant had challenged the SDMC's August 17 closing yr's choice wherein its health industry licence used to be revoked and it used to be requested to shut store.
The corporation had taken the decision because the eatery used to be running from a development that used to be greater than 15 metres in peak which used to be now not approved within the house as in keeping with ASI norms.
Apart from that the opposite causes cited by the corporation were that the eatery used to be being operated in unhygienic conditions and used to be catering to greater than 48 persons with none fire protection clearance.
Building laws, ASI norms should apply to all Hauz Khas eateries: Delhi HC
![Building laws, ASI norms should apply to all Hauz Khas eateries: Delhi HC]()
Reviewed by Kailash
on
March 15, 2018
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