C R Park ( M And P Blocks) Residents Welfare Association v. The Government Of NCT Of Delhi And ORS

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2803/2024 and CM APPL. 9938/2025 C R PARK (M AND P BLOCKS) RESIDENTS WELFARE ASSOCIATION .....Petitioner Through:

Mr. Amit Bhagat and Ms. Arzoo Raj, Advocates.

versus THE GOVERNMENT OF NCT OF DELHI AND ORS .....Respondents Through:

Mr. Ashutosh Gupta, Additional Standing Counsel for MCD.

Mr. Ashish K. Dixit, Central Government Standing Counsel with Mr. Shivam Tiwari, Ms.

Urmila Sharma, Ms. Deepika Kalra and Ms.

Veenni Kakkar, Advocates for R-3 and R-4.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 18.02.2025 1.

This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following relief:- "i. Issue a Writ of Mandamus or any other Writ, Order or Direction in the nature of Mandamus or any other appropriate Writ, Order or Direction thereby directing the Respondent No.2 to reinstall/re-erect bollards on an 8.5-Metre wide Lane situated at the juncture of the N Block of the colonies known as C.R Park, New Delhi and Greater Kailash Part-II, New Delhi, for the safety and security of its residents in furtherance of the permission granted by the Respondent No. 1 and the sanction passed by the Respondent No. 2; or alternatively pass directions to permanently close the Gate (Gate No. 6) situated on the 8.5-Metre wide Lane situated in the N Block (C.R Park) and GK-II Juncture for the safety and security of its residents; and"

W.P.(C) 2803/2024 Page 1 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/03/2025 at 12:26:42

2.

Pursuant to order dated 11.11.2024, concerned Executive Engineer, MCD is present in Court and has rendered assistance in the matter. 3.

Learned counsel appearing on behalf of the Petitioner, on instructions, submits that Petitioner would be satisfied if the alternate prayer in the writ petition is granted at this stage, whereby Petitioner seeks directions to MCD to permanently close Gate No.6 situated on the 8.5 Metre wide lane in N Block, Chittaranjan Park and Greater Kailash-II Junction for safety and security of residents of the colony.

4.

Learned ASC for MCD submits that a policy has been formulated by MCD pertaining to grant of permission to close the colony gates and in case the Petitioner makes any such representation, the same shall be considered in accordance with the policy.

5.

Accordingly, without entering into the merits of the case, this writ petition is disposed of with liberty to the Petitioner to make a comprehensive representation to MCD seeking permission to close the aforementioned gate with justification to seek such permission. As and when the representation is received, MCD shall consider the same in consonance with the policy on the subject and decide as expeditiously as possible and not later than four weeks from the date of receipt of the representation. The decision will be communicated to the Petitioner and in the event of any surviving grievance, it will be open to the Petitioner to take recourse to legal remedies. 6.

Pending application also stands disposed of.

JYOTI SINGH, J FEBRUARY 18, 2025/shivam W.P.(C) 2803/2024 Page 2 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/03/2025 at 12:26:42