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Restaurant owner approaches Delhi HC seeking compensation for loss incurred due to protest

Restaurant owner approaches Delhi HC seeking compensation for loss incurred due to protest

New Delhi [India], October 16 (ANI): A Restaurant owner has approached the Delhi High Court seeking compensation for the loss due to ongoing protests.
He has also prayed that the CJP should not be granted permission for organising a gathering at the Central Park, Connaught Place on Friday.
The Division Bench of Acting Chief Justice Nitin Vasudev Sambre and Sanjay Sharma directed that the matter be listed with the other connected petitions. The matter was mentioned before the bench by Advocate Umang Tyagi.
The petition has been filed through advocate Umang Tyagi, Sanyam Dahiya and Zuber Ali.
It is stated that petitioner Aayush Chopra's family has been running Minar Restaurant since 01.07.2017, at Connaught Place, New Delhi, about 700 metres from Central Park. 
It is said that on 14.10.2026 the founder of the Cockroach Janta Party called upon the public to assemble at Central Park, Connaught Place, at 5 pm on 16.10.2026. 
The petitioner sought two reliefs: first, that the respondent authorities be directed not to grant permission for, and to prevent, that gathering and any other unauthorised protest, demonstration or assembly in the Connaught Place market which would cause severe loss to the petitioner and other shopkeepers.
He has also sought relief that the losses suffered by the petitioner and other affected persons during the agitation of 10.10.2026 be assessed, and compensation paid to them by the persons responsible. 
The petitioner has sought the relief on the ground that the proposed gathering has no lawful basis. Protests in and around the Central Vista are regulated by the Standing Order of 28.04.2022, issued pursuant to the judgment of the Supreme Court in Mazdoor Kisan Shakti Sangathan v. Union of India case. 
It identified a spot at Jantar Mantar for protests, required applications to the Deputy Commissioner of Police, New Delhi District, at least ten days in advance, and confined protests there to the hours between 10 a.m. and 5 p.m. 
However, on 11.10.2026, Jantar Mantar was de-notified, and three other venues were designated for protest. Central Park has at no stage been identified as a site for protests; no permission is reported to have been sought; the call was given two days before the event, for 5 pm; and prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are reported to be in force in the District. 
It is also highlighted that such a gathering would severely affect the traders of Connaught Place, whose rights under Articles 19(1)(g) and 21 stand on the same constitutional footing as the right of assembly. Connaught Place, often called the heart of Delhi, is one of India’s most iconic commercial hubs. 
It is further said that Delhi’s economy is overwhelmingly one of services, in which trade, hotels and restaurants account for more than one-ninth of Gross State Value Added. The festive season, from Navratri to Diwali, is under way. 
On October 10, 2026, when the same organisation held a gathering at Jantar Mantar despite refusal of permission, the shops of Connaught Place remained closed; the New Delhi Traders Association estimated the loss to Connaught Place at Rs. 150 to 200 crore for that day; and the Chamber of Trade and Industry estimated that business worth Rs. 2,000 crores was affected across Delhi, the plea stated.
It is further stated that the petitioner’s restaurant has suffered a sharp fall in business, including during Navratri. 
The plea further submitted that the relief sought does not take away anyone’s right to protest. On October 9, 2026, the Supreme Court asked the competent authority to 
consider identifying and designating suitable alternative sites for protest, and on 11.10.2026 three venues were designated. As the Supreme Court has said, “the right to protest cannot be anytime and everywhere" and demonstrations expressing dissent “have to be in designated places alone”. 
The petition pointed out that the losses already suffered call for redress. The Supreme Court has laid down that where loss results from a protest, the High Court may set up machinery to assess it, and that liability will be borne by the actual perpetrators of the crime as well as organisers of the event. The traders of Connaught Place have no other forum in which their losses of October 10, 2026 can be assessed and recovered from those responsible. (ANI)

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