'Eateries encroaching on monument'

A status report submitted to the Delhi High Court submitted that popular restaurants 'Social' and 'Smoke House Deli' in Hauz Khas are encroaching on the wall of a centrally protected monument named 'Tomb of Firozshah.

The submissions were made before a bench of Acting Chief Justice Gita Mittal and C Hari Shankar which made it clear that "if restaurants have to run, they have to comply with the law" and "we are concerned with safety".

The status report submitted by the petitioner Anuja Kapur said that the inspection was carried out following the orders of the Delhi High court and was carried in presence of Dev Kumar, Executive Engineer, South Delhi Municipal Corporation (SDMC), SHO Safdarjung and Pankaj Sharma, counsel for the petitioner.

"That during inspection, the Inspection team was shocked to see that two restaurants namely Social and Smoke House Deli have crossed the limit of illegality and have constructed the restaurant by using the boundary wall of centrally protected monument named 'Tomb of Firozshah, as the wall of the restaurant," the report said, adding that no construction is permissible within 100 meters of a centrally protected monument, whereas here the wall of the monument is itself used as wall of restaurant.

However, the owners denied any such allegations stating that an order dated July 20, 2016 passed by a bench of Justice Badar Durrez Ahmed and Justice Ashutosh Kumar had given them permissions to operate the eateries as the same were constructed prior to the cut-off date of June 16, 1992.

The court, though added that since the properties fall within the prohibited area of the Hauz Khas group of Protected Monuments, so the owners were directed to carry out any construction or renovation with the prior permission from the court.

The report also highlighted that certain small manufacturing units like shirt manufacturing unit were also found to be running from the bye lanes but these units do not have any licences or appropriate safety measures.

The orders for the inspection were given by the Delhi High Court while hearing petitions filed by social activist Pankaj Sharma and advocate Anuja Kapur, who alleged that there are over 120 restaurants and pubs running in the area without any building plan approval or no objection certificate (NOC) from the authorities, including the fire department.

The report also said that wall of a temple and restaurants serving liquor is common and the distance between a primary school located at Hauz Khas and bars is just 30 meters which is a clear violation of the Delhi Excise Rules 2010 that liquor cannot be served within 100 meters of religious place and education.

It also said that none of the pubs had fire exit and the bye lanes were less than 10 meters.

Meanwhile, the Delhi government and the SDMC also submitted their report in the court. The court sought to know the reasons from the authorities, including Delhi Jal Board, SDMC, fire department and Delhi Police, for not filing their response on the petitions thereby listing the matter for September 11.