HC refuses to stay NDMC notices to Khan Market eateries

The Delhi High Court today refused to grant any stay on the notices issued to several eateries in Khan Market by the NDMC asking them to submit no-objection certificate from the fire department.

The court dismissed the application by the Khan Market Welfare Association seeking stay of the notices, saying it was not maintainable as the notices were not issued to the association and the eateries, to which the notices were issued, have to file the plea.

The court, however, made it clear that it was not expressing any view on the merits of the case.

"You cannot make this application on behalf of the association. Individual notices were issued. How can the association file the application?" a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said.

The court said that the facts of each notice would vary and no representative application was filed on behalf of the eateries.

It said how can the association annexe only one notice with the plea while 55 notices were issued by the New Delhi Municipal Council (NDMC).

The NDMC had on April 5 issued notices to the eateries, operating from roof tops, asking them to submit no-objection certificate (NOC) from the fire department within 15 days.

The association challenged the notices and sought. It told the court that the eateries have submitted their response to the council.