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HOTEL/ MOTEL & GUEST HOUSE, ETC./ DO YOU WANT TO RUN A GUEST HOUSE IN DELHI ?

Mandatory requirements to start a Guest House/Hotel in residential areas

  1. Land: The minimum size of plot shall be 200 sqm in regular plotted development areas and 75 sq.m in Re-habilitation colonies, walled city, special area, regularized-unauthorized colonies, resettlement colonies & urban villages (Para 15.7.3 of the MPD-2021).
  2. Minimum Right of Way (ROW) (para 15.7.2 of the MPD).
    1. In A & B Colonies: 18 mts ROW in regular plotted development.
    2. In C & D Colonies: 18 mts ROW in regular residential plotted development, 13.5 mts ROW in rehabilitation colonies and 9 mts ROW in regularized-unauthorised colonies, re-settlement colonies, Walled City, special area and urban villages; and in pedestrian shopping streets (of less than 6 mts ROW.)
    3. In E, F & G colonies: 13.5 mts ROW in regular plotted development, 9 mts ROW in rehabilitation colonies and 6 mts ROW in Walled City, regularized-unauthorised colonies, re-settlement colonies, special area and urban villages; and in pedestrian shopping streets (of less than 6 mts ROW.)
  3. Fire clearance from Chief Fire Officer, Delhi Fire Services, Delhi.
  4. Health Trade Licence from civic agencies i.e. MCD/NDMC/DCB.
  5. Structuraly Safety Certificate and Certificate of height of building as per provisions contained in MCD Health Deptt Circular No. Dy.MHO(PH)/2008/507 dated 08.04.2008 Click to Download.

REQUIREMENTS FOR GRANT OF LICENSE

A)Receipt of Application Forms:-

    The application form should be accompanied by the following documents:-

  1. Application on the prescribed proforma complete in all respect Click to Download.
  2. Affidavit on stamp paper of Rs 10/- by the applicant duly notarized Click to Download.
  3. Land Ownership proof / Property Papers of premises/Sale Deed/Lease Deed/Allotment Deed etc.
  4. Rent Agreement / NOC of Landlord, if tenant.
  5. Blue Print of the Site & Building plan.

RENEWAL OF LICENCE:

Application for renewal of licence shall be made as per the format Click to Download along with Affidavit Click to Download. In order to facilitate speedy renewal of existing licences, where all the documentation as per the check list is in order and there is no Show Cause Notice involved, ACP/H&R renews the licence at Unit Level. This has been done because of the introduction of Public Lounge System to upkeep transparency and speedy disposal in public interest.

The licence shall be deemed to be valid until it is renewed or the renewal has been refused. The ACP, Inspector/ Incharge ensure that the applications are processed on first come first served basis only. Every file that is put up to the ACP for renewal should contain check list and noting by the dealing hand stating the chronological position of the case being processed, and if there are any cases pending, the reasons for the pendency should be clearly indicated. After approval, all written communication will be sent by Speed Post to the licensee about depositing of requisite fee, and production of original licence for necessary endorsement of renewal etc.

PROCEDURE FOR STAMPING OF GUEST REGISTER

Stamping of Guest Register:

On receipt of request as per the format Click to Download from the licensee for stamping of prescribed visitor/guest register, the dealing hand at Public Lounge puts up the same through proper channel to the ACP along with the check list and after approval the same is stamped and signed by the Incharge/Hotel.

The guest houses running without obtaining a licence can be challaned u/s 28/112 of the DP Act. However, as per policy decision, the Guest house owners who have applied for grant of lodging licence in Licensing unit, are not being challaned till the disposal of their applications. Similar in the case if any stay order from the Court of Law is in operation.

THE LICENCE IS NON-TRANSFERABLE:

As per Regulation 21 of the Regulations for the keeping of place of public entertainment in Union Territory of Delhi, 1980, a licence shall not be transferable or assignable but shall be personal for the benefit of the person only to whom it is granted and when such person transfers or assigns his business to any other person or enters into an agreement with another person, involving his giving up the conduct or control over the business, the license granted to him shall stand terminated from the date of such transaction. However, in the case of death of the licensee, his heir or legal representative may make an application within one month from the date of death to the Licensing Authority, to have the benefit of the licence for the unexpired portion of the term of the licence and Licensing Authority may decide the application having regard to the provisions of Regulation—6.

SUSPENSION/REVOCATION OF LICENCE:

The Licensing authority has the discretion to suspend or revoke the license if it appears that such place is likely to cause obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity. However, no licence granted under the Regulations can be suspended or cancelled until the holder of the license has been given a reasonable opportunity to show cause as to why his license should not be cancelled or suspended or as the case may be. Further, no such opportunity shall be necessary when the license is suspended temporarily pending an enquiry against the licensee for contravention of the provisions of the regulations or any order made thereunder or of any of the conditions of the license.

A) In case of individuals:

Yes, you can obtain a duplicate copy of the License on request, if it is lost, torn, defaced etc. on payment.

SHOW CAUSE NOTICES:

No Show Cause Notice for suspension/revocation, etc. is issued without approval of the Competent Authority i.e. Addl. Commissioner of Police/Licensing. The said notice issued under the signature of ACP is served directly to the person concerned, and a copy is marked to the local DCP, Delhi Police. A period of 15 days to show cause including personal hearing is afforded from the date of receipt and the notice is decided expeditiously and in any case within a period of 60 days.

As per the Delegation of Power orders issued by the Commissioner of Police, Delhi vide No. 83-182/Spl.Cell/PHQ dated 01.02.08, the powers of licensing of Places of Public Entertainment vests with the Addl. Commissioner of Police, Licensing, Delhi.

A) As per Municipal Property Tax Guide, Colonies/Localities/Areas have been categorized as A,B,C,D,E,F & G, and the list are as Annexure-II, VII & IX to the said guide.

B) Areas in NCT of Delhi where boarding and lodging activities are permissible:

As per the Master Plan Delhi, 2021 notified by the Ministry of Urban Development, Govt. of India vide SO No. 141(E) dated 07.02.2007, the following activities are permissible in the following areas.

  1. Hotels: It is permitted in commercial Use Zone, Commercial Centres in Industrial Use Zone and Transport Nodes (ISBT, Bus Depot/Terminal, Railway Station, Airport, Integrated Freight Complex, Metropolitan Passenger Terminal) and other use zones – where it is already existing and where building plans are approved by the Competent Authority (Para 5.8 of the MPD-2021 refers to).
  2. Service Apartments: A premise fully furnished, serviced and self contained with meal preparation and use for short term corporate accommodation. The activities permitted are guest suites, conference facilities, office, retail and service shops to be restricted upto 20% of floor area. Service is permitted in Apartment in Metropolitan City Centres, District Centres and Community Centres.
  3. Motels: New Motels shall not be permitted in the green belt. However, existing village abadis, regularized unauthorized colonies and approved motels may continue in the green belt (Para 3.2.1 of the MPD-2021 refers to).
  4. Guest House: Guest House (including lodging house) irrespective of numbers of rooms are also permitted in residential areas as mentioned at para-15.7 of the MPD-2021. Similar is the case with regard to other Lodging & Boarding facilities like Bed & Breakfast establishments, Dharamshalas / Hostels etc.

    Special Area: Under clause 16.2 of MPD-2021, the walled city and its extensions, Karol Bagh and the contiguous area in between, has been designated as Special Area. Special Area has been divided into three separate parts, namely (i) Walled City (ii) Walled City and Extension and (iii) Karol Bagh as explained in para 3.3.1.2 of the MPD-2021. Walled city of Shahjahanabad comprises area bounded by Ring Road on the East, Asaf Ali Marg / Jawahar Lal Nehru Marg in the South, Railway Line on the West and Boulvard Road in the North. The Walled city extension comprises Pahar Ganj, Sadar Bazar, Roshanara Road, and their adjoining areas.

    Pedestrian Shopping Street (PSS) : Streets of less then 6 meter ROW notified as Mixed Used Street or Commercial Street in regularized-unauthorised colonies, re-settlement colonies, special areas and urban villages and not open to motorized transport as defined in para 15.3.3 of the MPD-2021 are known as PSS. The list of such Pedestrian Shopping Streets has been mentioned in the MPD-2021.

Relaxation:

  1. The variation of + / - 5% in Plot size may be disregarded as per provision contained in para 15.7.3. of the MPD.
  2. As per provisions contained in para 15.7.3. (v) of MPD-2021, the guest houses operating in plots abutting streets of prescribed minimum ROW in Special Area and in plots abutting Master Plan Roads and Zonal Plan Roads shall be permissible upto 100% of built up area and the limits regarding the size of the plot shall not apply. Provided that except in LBZ and Civil Line Bungalow Zone, Guest Houses that were operating validly under provisions of MPD prior to 7.9.2006 would continue to run to the extent as was permissible at that time.
  3. Parking @ 2.0 E.C.S. per 100 sqm. built up area shall be provided within the premises. Where this is not available, cost of development parking, shall be payable by the plot allottee / owner to the local body concerned, as per provisions contained in para 15.4.- other terms & condition No. (v) of MPD. The Parking charge varies from one category to another category.
  4. The Commercial activity existing prior to 1962 in residential areas and streets / stretches shall continue subject to documentary proof thereof, as per provision contained in para 15.3.1 of MPD-2021.

APPEAL:

    Any person aggrieved by an order of refusal to grant or renew the lodging license or order cancelling or suspending the licence may, within 30 days from the date of receipt of the order, file an appeal before the Hon’ble Lt. Governor, Delhi (Administrator).

Hotel Team

Kushal Singh (Inspr)