HOTEL CENTER POINT GANGA HERITAGE v. CITY MAGISTRATE HARIDWAR AND ANOTHER

The petitioner is aggrieved by order dated 06.04.2015 passed by the City Magistrate, Haridwar by which the licence given to the petitioner to run a hotel under the Sarais Act, 1867 has been cancelled as well as the subsequent order dated 06.07.2015 passed by the Food Safety Officer, Haridwar, by which the licence to run the restaurant in the hotel has been cancelled.

2. The order dated 06.04.2015 clearly states that the petitioner was granted a licence under Section 3 of the Sarais Act with condition that he shall not violate any condition imposed by the Haridwar Development Authority. The authorities were subsequently apprised that the petitioner had raised an unauthorized construction on the property without taking any sanction of the Development Authority. On this ground, the licence granted in favour of the petitioner under the Sarais Act was cancelled by the City Magistrate vide order dated 06.04.2015 and since Sarai licence was cancelled, subsequently the Food Safety Officer also cancelled the licence granted in favour of the petitioner to run the restaurant in the premises.

3. The case of the petitioner is that the building where the hotel is being run is an old building which was in existence even prior to the formation of Development Authority and was purchased by the petitioner in the year 2005. The petitioner, however, admits that part construction was raised on the building in the year 2012.

4. All the same, it has come in the counter affidavit that under the Government Order presently prevailing, no construction can be raised in Haridwar on a building which is within 200 mts. from the bank of river Ganges. Admittedly, the present building is within 200 mts. from the bank of river Ganges, yet unauthorized construction has been raised.

5. Therefore, this Court finds no anomaly in the impugned order passed by the City Magistrate as the petitioner has admittedly violated the provisions of the U.P. Urabn Planning and Development Act, 1973. Consequently the cancellation of the licence granted to the petitioner for running a restaurant in the hotel in question also cannot be faulted with as the licence granted to the petitioner under the Sarais Act was already cancelled.

6. In view of the above, writ petition is liable to be dismissed and is hereby dismissed. (Sudhanshu Dhulia, J.) Avneet/ 12.06.2017