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Allahabad HC Issues Instructions To Regulate Restaurants/Eateries Amid Pandemic [Read Order]

Akshita Saxena
2 Oct 2020 9:07 AM GMT
Allahabad HC Issues Instructions To Regulate Restaurants/Eateries Amid Pandemic [Read Order]
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The Allahabad High Court on Thursday issued instructions for opening and functioning of hotels, restaurants and small outlets/ eateries in the State, amid the pandemic. The Bench of Justices Siddhartha Varma and Ajit Kumar has ordered that food joints will be permitted to operate only if they give undertakings which shall be to the following effect: If a restaurant permits people...

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The Allahabad High Court on Thursday issued instructions for opening and functioning of hotels, restaurants and small outlets/ eateries in the State, amid the pandemic.

The Bench of Justices Siddhartha Varma and Ajit Kumar has ordered that food joints will be permitted to operate only if they give undertakings which shall be to the following effect:

  • If a restaurant permits people to have food inside its premises then it should see that the social distancing is maintained;
  • No eatery shall allow its customer to hang around its premises and have food openly;
  • Within five yards of every eatery, no customer/ individual should be seen without a mask;
  • No person near the eatery should be allowed to throw any used plate, spoon or glass;
  • If any customer / individual is seen without a mask or having food within five yards of the eatery then definitely suitable action would follow;
  • No roadside eateries and open-air restaurants shall sell potable water;
  • As far as possible any eatery having a turnover of more than Rs.5,000/- per day should have CCTV cameras installed;
  • All eateries would make arrangements for selling their food articles in tightly packed/ sealed boxes which definitely would not be openable with ease after the customer leaves the eateries and the customer should thereafter open only at his residence;
  • In case a customer misbehaves and does not listen to the owner, the owner shall be free to report the matter to the police, who shall be duty bound to take action.

It has been clarified that these instructions will remain in force for a period of six weeks and any violation thereof shall invite lawful action by the police administration.

The order was passed in the suo moto PIL registered by the case to deal with Covid-related issues.

The Bench was hearing an intervention application filed by certain food joints/corporations, who were being prosecuted for violating the guidelines issued by the Government of India and Uttar Pradesh Epidemic Disease Covid-19 Regulations, 2020.

Whereas the Court has issued the above directions to regulate eateries, it also appreciated the "prompt action" taken by the State against those found to be in violation. It said,

"We appreciate the steps taken by the district and police administration of various districts in the State to enforce COVID-19 guidelines but we do feel that they need to remain constantly vigilant. However, to facilitate further control of the pandemic, we think it appropriate that for a period of six weeks, the State Government/ Administration may control the functioning of the eateries further."

The Court also reiterated the importance of wearing masks and directed the Nagar Nigam to promote "No mask no entry" motto in public places/ offices.

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The matter is now listed for hearing on October 7 to look into the reports of the Advocate Commissioners who have been appointed by the Court to look into the working of the various wards.

Case Details:

Case Title: In-Re Inhuman Condition At Quarantine Centres And For Providing Better Treatment To Corona Positive Respondent

Case No.: PIL No. 574/2020

Quorum: Justice Siddhartha Varma and Justice Ajit Kumar

Click Here To Download Order

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