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2021 Supreme(Del) 1240

REKHA PALLI
Association Of Wellness Ayurveda And Spa – Appellant
Versus
Government Of Nct Of Delhi And Or – Respondent


Advocates appeared:
Indu Kaul, Advocate, Mani Kaul, Advocate, Rahul Mehra, Advocate, Satyakam, Advocate, Rajshekhar Rao, Advocate, Zehra Khan, Advocate, Sonal Sarda, Advocate, Shubhika Saluja, Advocate, Shreya Choudhary, Advocate, Mini Pushkarna, Advocate, Khushboo Nahar, Advocate, Latika Malhotra, Advocate, Tushar Sannu, Advocate, Hima Bhardwaj, Advocate, Devendra Kumar, Advocate

JUDGMENT

Rekha Palli, J. - The present batch of four petitions, three of which have been preferred by Spa owners/Associations of Spa owners and the other by four professional massage therapists practising in Delhi, seek to assail the policy issued by the Municipal Corporations in October/September for issuance/renewal of licenses for running Spas in the NCT of Delhi. Since these policy guidelines issued by the three Corporations are based on the Guidelines for Operation of Spa/Massage Centres in Delhi (hereinafter referred to as Guidelines) issued by the Govt. of NCT of Delhi on 18.08.2021, it is these guidelines which the petitioner primarily assails and for the sake of convenience it is only these guidelines which are hereinafter being referred to.

2. Though the petitioners have challenged various Clauses of these guidelines they are mainly aggrieved by Clause 2 (b) thereof, whereunder, the GNCTD has completely prohibited Cross Gender Massage, which prohibition the petitioners contend is not only violative of their fundamental rights under Articles 14, 15, 19 (1) (g) and 21 of the Constitution of India but also has no nexus whatsoever with the purpose of the policy which has been i

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