( 1 ) THE petitioner is a tenant of basement in property bearing No. E-1 and E-2 (Mahajan House), New Delhi South Extension Part II, New Delhi, where he was running a restaurant by the name Safina Restaurant. He has filed this petition under Article 226 of the Constitution against the communication dated 15 April 1993 of the Municipal Corporatijon of Delhi (MCD) whereby the request of the petitioner for grant of registration certificate from health point of view to run floor shows (cabarets) at the said premises had been rejected and consequently t Deputy Commissioner of Police (Licensing) [for short dcp (Licensing) ] also did not grant any licence to the petitioner to run floor shows (cabarets) under the provisions of the Regulations for Licensing and Controlling Places of Public Amusement (other than Cinemas) and Performances for Public Amusement, 1980, (for short the Regulations ) which Regulations have been framed under the provisions of the Delhi Police Act, 1978. Because the MCD did not grant no objection certificate to the petitioner, the DCP (Licensing) by order dated 28 May 1993 refused to grant premises licence in respect of the premises of the petitioner and licence to hold floor shows at the premises under the Regulations and the application of the petitioner was accordingly rejected. The DCP (Licensing) took note of the pendency of this writ petition and said that in case the petitioner succeeded therein he could again apply for a licence. The petitioner was also told that he could file an appeal to the appellate authority against the order rejecting his prayer for grant of licence by the DCP (Licensing ).

( 2 ) AFFIDAVIT of the DCP (Licensing) which is quite in detail shows different proceedings initiated by the petitioner for holding floor shows in his premises. It was for the first time in February 1982 that permission was applied for which was declined by the DCP (Licensing) on 4 June 1982. Though there was no licence with the petitioner for holing floor shows, the floor shows were held because of the writ petitions filed in this Court or civil suit filed in the Subordinate Court and stay obtained. It appears it was only on 14 January 1994, when the Supreme Court in a Special Leave Petition filed by M. C. D. against an interim order made in this petition observed that interim directions issued by this Court were not appropriate in the case, that the holding of floor shows stopped. We do not think it is necessary for us to go into the history of all the proceedings earlier held and we begin from the letter dated 15 April 1993 of the M. C. D. addressed to the DCP (Licensing) with copy to the petitioner. This letter we may reproduce in extenso :-

"no. 19:hd:sz:sho:93 Dated: 15/4/93. To The D. C. P. (Licensing), Police Headquarters, I. P. Estate, New Delhi. Ref : Your D. O. letter No. 5925/dcp Lic. (Amst.) dated 18. 3. 93. Sub : Personal hearing in the matter of CWP No. 2196/92 with CM No. 4184/92 regarding grant of NOC from health point of view to Safina Restaurant and Floor Show in the basement of E-1 and E-2, NDSE Part-II - and the decision thereof. Respected Sir, It is most humbly and respectfully submitted that the applicant/appellant Sh. Surinder Kumar Vohra, Sh. Rajinder Kumar Vohra along with their Counsel Sh. P. R. Monga were adequately heard on 3 occasions dated 5. 3. 93, 15. 3. 93 and 7. 4. 93 respectively. The request for grant of NOC from health point of view to run Safina Restaurant and Floor Shows at the basement of E-1 and E-2, NDSE Part-II has been rejected on the following grounds:- 1. That the land use of basement of premises No. E-1 and E-2, NDSE Part-II is specified under the sanctioned plan of Building Department, MCD to be used as storage only. 2. As such the trade of running of Cabret and Floor Shows in basement is not permitted under the Bldg. Bye-laws MCD/master Plan. 3. At present there is no policy/amended policy for grant of health trade licence for restaurant and flo