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51 Banquet Halls challenge SRO 64
11/2/2010 10:57:05 PM
EARLY TIMES REPORT
Jammu, Nov 2: Fifty one Banquet halls today jointly filed a petition in the state High Court Jammu Wing challenging the SRO 64 of February 16, 2010 and sought stay on the operation of the said SRO in so far as it pertains to banquet Hall/ Janjgars.
The petitioners submitted that all them were running the Janj Ghars/ Banquet Halls in Jammu town for a period spread over two decades, however, at the time when the petitioners have started erection and also running the said banquet halls at that point of time. There were no specific rules governing the running of the banquet Halls and the rules which were prevalent at that point of time were duly complied with while erecting the instant banquet halls, now the Housing & Urban Development Dept have issued SRO 64 dated February 16, 2010 whereby Master Plan of Jammu 2021 modified and thereby laid down specifications which are not only unconstitutional but also unreasonable and irrational which resulted in hardship and public chaos, as such by way of present petition all the petitioners challenging the vires SRO 64 and action of the Govt as such have a joint cause as similar facts and question of law is involved. It is further submitted that the Banquet Halls of the petitioners came up at different point of time running from 1988 till 2009 when majority of banquet Halls came up at that time there was no population or the said the area was not within municipal limit as such all these Banquet Halls were came up by conforming to the norms as are prescribed at the relevant time. The coming into force of SRO 64 dated February 16, 2010 whereby Master Plan of Jammu 2021 promulgated vide SRO 263 dated August 9, 2004 which modified, there was neither any specific Guidelines nor any procedure was in existence nor any rules laid down which prescribes the mode and manner of running the banquet halls at the time when the petitioners have run the banquet halls at that time there was no specific legal requirements, which is required to be adhered to before erecting or running the banquet halls and seeking direction to the respondents not to enforce the SRO 64 on running banquet halls like the present petitioners and declaring the operation of SRO 64 of 2010 as prospective and applicable to banquet halls which are or will be come after February
It is worth mentioning here that the Division Bench of the State High Court on October 15, 2010 have disposed of the PIL with direction to the Banquet Halls comply and cooperate in the implementation of the said SRO 64. JNF
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