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The Delhi High Court directed the Municipal Corporation of Delhi (MCD) not to take any coercive action against a restaurant operating as Mahabelly Canteen in Saidulajab until it decides the matter arising out of a notice alleging misuse of the premises.
Justice Amit Bansal passed the order while disposing of a writ petition filed by MS Fenn and Jacob Associates LLP, which runs the restaurant at Westend Marg, Saidulajab. The petitioner had challenged a notice dated September 1, issued by the MCD under Section 345-A of the Delhi Municipal Corporation Act, 1957. According to the petition, the notice was pasted on the premises on September 2 and directed the petitioner to stop the alleged misuse within 48 hours, failing which further action could be taken. The petitioner submitted before the Court that it had obtained the requisite statutory licences, including a Health Trade Licence issued by the MCD itself on July 14, 2026, permitting it to run the restaurant from the premises. It was also contended that the impugned notice had been issued without granting the petitioner an opportunity of hearing. After hearing both sides, the High Court directed that the September 1 notice be treated as a show-cause notice. The Court granted the petitioner two weeks time to submit its reply. The Court further directed the MCD to adjudicate the show-cause notice in accordance with law. Significantly, it ordered that until the MCD takes a decision and communicates the same to the petitioner, no coercive steps shall be taken against the restaurant. All rights, contentions and legal remedies of the parties are kept open, the Court said while disposing of the writ petition and pending applications. (ANI)
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