I' * IN THE HIGH 10. + COURT OF DELHI AT NEW DELHI W.P.(C) No. 4003 of 2010 VIKAS KUMAR ..... Petitioner . Tlrough: \{r. l4rinal Bharti, Advocate. VETSUS GOVT.OF NCT OF DELHI ..... Respondent Through: \4r. Shoaib Haider, Advocate for Mr. N. Wazin, Standing Counsel. CORAM: JUSTICE S. MURALIDHAR ORDER " 04.06.2010 W Exernption allowed subject to all just exceptions. The application is disposed of. W.P.(C) No. 4003 of 2010 1. The Petitioner applied for grant of drug licence under the Dnrgs and Cosmetic Rules, 1945 on 28il' January 2010. The business was to be nrn at240,D-12, Sector 7, Rohini, Delhi-852 & 3, property No.37, Block - C Pocket 4, Sector 6, Rohini for categories 20, 21,208 and 21B drugs. It is stated that the Government of National Capital Tenitory of Delhi (GNCTD), Dmgs Control Departrnent has by a letter dated 20e May 2010 kept the application pending on the ground that no drogs licence could be granted for mnning business in premises rneant for residential use. 2. According to the Petitioner the activity of a 'chemist's shop' falls under the categow gf pennissible use as defined in clause 15.6.3 Clause (xv) of the Master llin for Delhi 202I(MPD-2021). /4" (4, W.P.(c) No.4003 of 2Q10 ' r.i . 4*' *<+ /'-' d : Page 7 of 2 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified i- -r1,. a /,\ 3. In similar circumstances this Court has issued directions in !VP(C) No.16588 of 2004 (Anil Kumar v. Govt of NCT of Delhi) and issued directions in WP(C) No. 11448 of 2009 (titled *Surinder Oberoiv. GovL of NCT of Delli") for consideration of the application for grant of a drugs licence after taking into consideration the provisions of the MPD- 2021. 4. Accordingly, it is directed that the Respondents shall consider and a dispose of the application filed by the Petitioner after taking into consideration the provisions of the I\/PD-2021. The dnrgs licence will not be denied to the Petitioner in case he satisfies the requirements and the criteria mentioned in MPD -202L 5. It is clarified that this Court has not expressed any opinion whether the Petitioner is eligible for grant of drugs licence on merits and satisfies the ' eligibility requirement. The application of the Petitione-r will be A considered in the order of seniority maintained by the respondents. Liberty is, however, granted to the Petitioner to ask for expeditious disposal. I .L. 6. 7. The writ petition is disposed of. L Order dasti. S. MTJRALIDHAR, J. JUNE 04,2010 dn w.P.(c) No.40o3 of 2070 Page 2 of 2