New Delhi, Feb 17
The Delhi High Court has observed that while bars and pubs are permitted to operate under the law, their right to carry on business must be balanced with the citizens' and children's right to a noise-free, peaceful and orderly environment.
Disposing of a writ petition filed by a resident seeking action against Bunon Bar and Lounge at R.K. Ashram Marg Metro Station for allegedly operating beyond permissible hours, a single-judge Bench of Justice Purushaindra Kumar Kaurav said that regulatory authorities are duty-bound to examine and decide citizens' complaints in accordance with law.
"The right to operate and run a bar/pub must be balanced with the citizens' and children's right to a noise-free, peaceful, and orderly environment," the Delhi High Court observed.
The petitioner, who appeared in person through video conferencing, alleged that the bar continued operations till 2.12 a.m. and on certain occasions even till 4.30 a.m., despite the requirement that such establishments cannot function beyond 1 a.m.
He also claimed that instead of issuing GST bills, the establishment provided "kachchi (rough) handwritten slips" and that repeated complaints to authorities, including the Commissioner of Delhi Police and the Excise Department, had elicited no response.
Referring to the regulatory framework under the Delhi Excise Act, 2009, and the Delhi Excise Rules, 2010, Justice Kaurav noted that the hours for the sale of liquor are to be specified by the Excise Commissioner, while complaints relating to public nuisance are to be considered by the District Magistrate under the Bharatiya Nagarik Suraksha Sanhita, 2023.
In strong remarks on accountability of public authorities, the Delhi High Court said: "In a civilised society, governed by the rule of law, a genuine complaint of a citizen should not remain unattended. The authorities are under an obligation to consider and decide upon the same in accordance with the extant rules and regulations."
It added that the rule of law requires not merely the existence of laws but also their timely and effective enforcement.
"When authorities continue to be inert on the face of complaints made to it by citizens, it not only erodes public confidence in governance, but also makes that sole individual of this country feel remediless," Justice Kaurav said.
Observing that not every citizen has easy access to courts and that public authorities effectively function as grievance redressal forums, the Delhi High Court directed that the writ petition be treated as a representation by the Excise Commissioner.
Justice Kaurav ordered the Excise Commissioner concerned to examine the petitioner's grievance and pass appropriate orders within two months from receipt of the order. It further directed that if the matter requires consideration by the District Magistrate, all authorities must "work in tandem" to ensure that the complaint is dealt with appropriately.
"All rights and contentions of the parties are left open," the Delhi High Court clarified while disposing of the petition.
- IANS
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