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2018 DAILYLAW 3575 (DEL)

SUMIT KUMAR JAYANT v. EAST DELHI MUNICIPAL CORPORATION OF DELHI AND ORS.

W.P.(C)/8004/2018 · 2026-03-12

Amit Bansal

Writ Petition (Civil)body2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 8004/2018 $~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8004/2018 with CM APPL. 49732/2018 SUMIT KUMAR JAYANT .....Petitioner Through: versus EAST DELHI MUNICIPAL CORPORATION OF DELHI AND ORS. .....Respondents Through: Mr. Kapil Dutta, standing counsel for MCD. Mr. Sumit K. Batra, Ms. Priyanka Jindal, Advocates for GNCTD. Mr. Rajesh Chaudhary, Joint Secretary, Urban Development Deptt. Ms. Nishtha Chawla, Advocate for R-3 (through VC). CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 12.03.2026 1. The present writ petition has been filed seeking a direction to the respondents/MCD to restore the Health Trade License issued to the petitioner for a banquet hall situated at ‘1450-A, East Jyoti Nagar, Loni Road, Delhi-110093’. 2. None appears on behalf of the petitioner. 3. In terms of the order passed on 31st October, 2025, Government of NCT of Delhi (‘GNCTD’), through Department of Urban Development, was directed to file an affidavit indicating whether the street on which the property of the petitioner is situated falls under mixed use or commercial This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2026 at 11:31:11 W.P.(C) 8004/2018 use. 4. Counsel appearing on behalf of GNCTD on instructions submits that the aforesaid property falls under a mixed use street. 5. A Local Commissioner was appointed by this Court vide order dated 21st February, 2023. 6. In the report submitted by the Local Commissioner also, it has been stated that the street in question is categorised as mixed use street. Paragraph 13 of the report of the Local Commissioner is extracted below: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2026 at 11:31:11 W.P.(C) 8004/2018 7. In terms of the MPD - 2021, banquet hall activity is not permissible in a mixed use street. 8. The Local Commissioner has also noted that the tenant of the petitioner who was running the banquet hall has vacated the premises since a license for running banquet hall was not granted by the respondents/MCD. Currently, the owner has started business of medicines from the said premises. 9. In view of the facts noted above, a health trade license cannot be granted to the petitioner for running of a banquet hall. 10. Accordingly, the petition along with all pending application(s) stands disposed of. AMIT BANSAL, J MARCH 12, 2026 Rzu This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2026 at 11:31:11