Yesterday, a Division Bench of Allahabad High Court comprising Hon’ble Mr. Justice Siddharth Verma and Hon’ble Mr. Justice Ajit Kumar issued direction for regulating eateries and restaurant in Uttar Pradesh.
The Court has also directed the State Government to Publish in all News Paper that there will be ‘No Mask No Entry’
Earlier the court issued various directions, which can be read here.
The Court appreciated the action of the State Government and the Police for taking prompt action against such eateries/ restaurants where people are violating the guidelines issued by the Government of India and Uttar Pradesh Epidemic Disease Covid-19 Regulations, 2020 as also the various guidelines and mandamus which we have been issuing from time to time.
Further, the Court also appreciated the steps taken by the district and police administration of various districts in the State to enforce COVID-19 guidelines but court also said that they need to remain constantly vigilant.
However, to facilitate further control of the pandemic, the Court thought it appropriate that for a period of six weeks, the State Government/ Administration may control the functioning of the eateries further.
They would now permit the eateries which would include hotels, restaurants and small outlets to function only if they give undertakings which shall be to the following effect. However, this would remain operational for a period of six weeks only.
The undertaking shall be to the following effect:-
- If a restaurant permits people to have food inside its premises then it should see that the social distancing is maintained.
- No eatery shall allow its customer to hang around its premises and have food openly.
- Within five yards of every eatery, no customer/ individual should be seen without a mask.
- No person near the eatery should be allowed to throw any used plate, spoon or glass.
- If any customer/individual is seen without a mask or having food within five yards of the eatery then definitely suitable action would follow.
- No roadside eateries and open-air restaurants shall sell potable water.
- As far as possible any eatery having a turn over of more than Rs.5,000/- per day should have CCTV cameras installed.
- All eateries would make arrangements for selling their food articles in tightly packed/ sealed boxes which definitely would not be openable with ease after the customer leaves the eateries and the customer should thereafter open only at his residence.
- In case a customer misbehaves and does not listen to the owner, the owner shall be free to report the matter to the police, who shall be duty-bound to take action.
Allahabad High Court has directed that in future, if there is any violation of these undertakings which would be given by owners of hotels/ restaurants/ eateries the police administration shall take action against them.
Further Court has directed to publish notifications “NO Mask No Entry’ in various daily newspapers in all the districts throughout the State of U.P. at the instance of all other Government departments.
Now the matter has been posted for 7th October, 2020 at 2:00 P.M.
Case No. PIL No. 574 of 2020
Date Of Order: 01.10.2020
Quorum:- Hon’ble Mr. Justice Siddharth Verma and Hon’ble Mr. Justice Ajit Kumar
Counsel for the Petitioner – Gaurav Kumar Gaur,Aditya Singh, Parihar, Amitanshu Gour, Jitendra Kumar, Katyayini, Rahul Sahai,Rishu, Mishra, S.P.S. Chauhan, Satyaveer Singh, Shailendra Garg,
For Respondent:C.S.C.,Dhiraj Singh,Hari Nath Tripathi,Purnendu Kumar Singh,Satyavrat Sahai,Sunil Dutt Kautilya