Indian Hotel & Restaurant Association & Anr. v. State of Maharashtra & Anr.

(Dipak Misra and Shiva Kirti Singh, JJ.)

Indian Hotel & Restaurant Association & Anr. ___________ Petitioner(s)

v.

State of Maharashtra & Anr. _______________________ Respondent(s)

Writ Petition(s) (Civil) No(s). 793/2014, decided on April 18, 2016

With

SLP (C) No. 13764/2012, SLP (C) No. 8992/2013, Conmt. Pet.(C) No. 275/2014 in C.A. No. 2705/2006, Conmt. Pet.(C) No. 248/2014 in C.A. No. 2705/2006, SLP(C) No. 15953/2012

The Order of the court was delivered by

Order

1. I.A. for impleadment is allowed. Let the applicant be added as respondent No. 6. Cause title be rectified accordingly.

2. Heard Mr. Jayant Bhushan, learned senior counsel for the petitioner, Ms. Pinky Anand, learned Additional Solicitor General for the State, Mr. Sanjiv Sen, learned senior counsel appearing for respondent no. 5 and Dr. Rajiv Dhawan, learned senior counsel for the newly added respondent No. 6.

3. This Court, on 02.03.2016, after hearing learned counsel for the parties, noting the conditions imposed by the State and referring to the decision in State of Maharashtra v. Indian Hotel and Restaurants Association [(2013) 8 SCC 519], had directed as follows :

“Having heard learned counsel for the parties, Dr. Rajeev Dhawan, learned senior counsel, who sought permission to file an application for intervention and Mr. Sandeep Deshmukh, learned counsel for the 5^th respondent, we are inclined to modify the said condition to the extent that CCTV cameras shall be fixed at the entrance of the premises in question but shall not be fixed in the restaurant or the permit area or the performance area.

As we have clarified the conditions, the modified conditions along with conditions on which there is no cavil shall be complied with within three days and the respondents shall issue the licences within ten days therefrom. We are sure, the authorities shall act in accordance with the command of this Court and not venture to deviate.”

4. Ms. Pinky Anand, learned Additional Solicitor General, appearing for the State of Maharashtra prays for a week’s time so that the order can be complied with. It is urged by her that the applications are under process. An affidavit of compliance shall be filed by the Deputy Commissioner of Police, Headquarters-I, (Hotel Division) who shall also remain personally present on 25.04.2016.

5. Let the matter be listed on 25.04.2016.

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