PIL in HC alleges over 63 illegal banquet halls in Gurugram, no sealing despite Lokayukta order

The functioning of more than 63 banquet and marriage halls in Gurugram allegedly without licences, sanctioned building plans, change-of-land-use permissions, or mandatory fire safety NoCs, today came under judicial scanner with the filing of a public interest litigation in the Punjab and Haryana High Court.

Among other things, the high court was told that the halls were operating despite categorical findings by the Haryana Lokayukta and sealing directions by the Municipal Corporation of Gurugram (MCG) Commissioner.

In his petition placed before the Bench of Chief Justice Sheel Nagu and Judge Sanjiv Berry, RTI and human rights activist Harinder Dhingra through counsel Karanvir Singh Khehar alleged that the respondents failed to discharge their statutory obligations under the Haryana Municipal Corporation Act and the Haryana Fire and Emergency Services Act, “despite having knowledge of such illegality since 2013.”

Dhingra submitted that the Municipal Corporation Commissioner furnished information in response to an RTI query vide letter dated November 10, 2014, admitting that “63 unauthorised banquet halls, out of which 34 were located within the 900m restricted belt around the Ammunition Depot, Gurugram, are operating without licence within limits of MCG.”

Acting on his complaint based on the RTI disclosures, Dhingra said Haryana Lokayukta vide order dated July 8, 2021, upheld his allegations and “recorded clear findings of dereliction of duty on the part of respondent officials in permitting illegal banquet halls to function without licences and fire NOCs”.

Following the Lokayukta’s order, the MCG Commissioner on June 7, 2022, directed his Joint Commissioners to seal all illegal banquet halls. A reminder was issued on August 25, 2022. However, the petitioner asserted, not a single banquet hall has been sealed to date.

“Despite the passage of more than four years since the Lokayukta’s final order in July 2021 and repeated directions by the Commissioner, not a single banquet hall has been sealed. Illegal banquet halls continue to host functions without fire safety and regulatory compliance, putting thousands of lives at grave risk every day, apart from causing massive revenue loss to the State. Consequently, the petitioner is constrained to approach this court, seeking directions to the respondents in the public interest,” he added.

The petitioner also alleged that the deliberate inaction led to revenue loss of over Rs 74 crore in regularisation fees and property tax, besides posing an imminent threat to thousands of lives. “Repeated RTIs and legal notices of the petitioner have been stonewalled, evidencing collusion, corruption and mala fide intent. Judicial intervention is the only remedy to uphold the rule of law and protect public safety,” he added.