Right To Run A Bar Must Be Balanced With Citizens' Right To Peaceful, Noise-Free Environment: Delhi High Court

The Delhi High Court has observed that the right to operate and run a bar or pub must be balanced with the citizens' and children's right to a noise-free, peaceful, and orderly environment.“The age old proverb given to ordinary citizens is “don't take the law into your own hand”, the rationale obviously being that is for the authorities to wield the proverbial stick of the law, and enforce the same,” Justice Purushaindra Kumar Kaurav said.The Court was dealing with of petition filed by one Mahesh Chand complaining about the alleged unregulated functioning of Bunon Bar and Lounge located at RK Ashram Marg Metro Station.He alleged that the bar remained open beyond permissible hours, sometimes till early morning, causing disturbance to residents and the public at large. He also claimed that instead of issuing GST bills, the establishment allegedly provided handwritten slips and that repeated complaints to authorities had yielded no action.The Court said that regulation of a bar is governed by the Delhi Excise Act, 2009 and complaints relating to public nuisance are also to be lawfully considered by the District Magistrate under Sections 152 to 162 of the Bharatiya Nagarik Suraksha Sanhita, 2023.“In a civilized 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,” the Court said. It added that 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.“Such a situation is certainly not desirable given the constitutional order under which the State and its instrumentalities are to function. It must be remembered that not everyone has easy access to Courts; for the ordinary citizen, it is the public authority which acts, effectively, as a dispute/grievance redressal forum,” the judge said that Justice Kaurav concluded that the grievance of the petitioner has to be taken to its logical conclusion by the respondent authorities.Accordingly, the Court directed that the petition be treated as a representation and asked the Excise Commissioner to examine the grievance and pass appropriate orders within two months. It further directed authorities to coordinate, if required, with the District Magistrate for proper resolution of the complaint.Title: MAHESH CHAND v. GOVT OF NCT OF DELHI AND ANRClick Here To Read Order

Right To Run A Bar Must Be Balanced With Citizens' Right To Peaceful, Noise-Free Environment: Delhi High Court

Nupur Thapliyal

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