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Delhi HC restrains authorities from taking coercive action against Le Meridien hotel on licence issue

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The Delhi High Court has restrained authorities from taking any coercive action against Le Meridien hotel at Janpath which has applied to renew its eating house and lodging licences. The high court directed the Joint Commissioner of Police (Licensing) to process the application of C J International Ltd, which runs the Hotel Le Meridien, for renewal of the ' Eating House Licence' and ' Lodging Licence' without insisting on a health trade licence.

The health trade licence of the petitioner was cancelled in 2017 and when it challenged the authorities' decision, the high court stayed the cancellation order which is still in existence.

Justice Sachin Datta on Thursday issued a notice to the Joint Commissioner of Police (Licensing) and Delhi government on the petition of hotel management which is aggrieved by the refusal or inaction on the part of the authorities in renewing its eating house licence and lodging licence.

The court granted four weeks' time to the authorities to file their replies and listed the matter for further hearing on August 5.

"The respondent nos. 1 and 2 (police authorities) are directed to process the petitioners' application for renewal of the eating house license and lodging licence without insisting on a health trade licence. Further, in the meantime, till the next date of hearing, respondents are restrained from taking any coercive action against the petitioners," it said.

The petitioners sought a court direction to restrain Delhi government from asking the hotel to furnish the health trade licence pertaining to the already renewed excise licences.

Their counsel submitted that for serving alcoholic beverages and running the restaurant, the hotel management was required to obtain a valid eating house licence and lodging licence.

The petitioners said the authorities were insisting on producing a valid health trade licence from the New Delhi Municipal Council as a pre-condition for renewing its eating house licence, lodging licence and excise licence.

The plea said the portal of police authorities reflected the non-renewal of the hotel's licences only over a health trade licence, which is already under challenge in the high court.

The court, recently in another restaurant's case, has held that the eatery's excise licence was liable to be renewed and the same cannot be impeded for want of any health trade licence.

Similarly, in this case, the court said C J International Ltd's eating house licence and lodging licence is also liable to be renewed.
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