Nehru Enclave Kalkaji Resident Welfare Association (Regd) v. Shri Sanjeev Khirwar Mcd, (Commissioner) And ORS
$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 443/2026, CM APPL.17187/2026, CM APPL.17188/2026, CM APPL.17835/2026 NEHRU ENCLAVE KALKAJI RESIDENT WELFARE ASSOCIATION (REGD) .....Petitioner Through:
Mr.
Deepak Gupta, Advocate (through VC) versus SHRI SANJEEV KHIRWAR MCD, (COMMISSIONER) AND ORS .....Respondents Through:
Mr. Manu Chaturvedi, (SC) Advocate for MCD along with Mr. Kishitiz Kishor Rai, Mr. Madhav Tripathi and Mr.
Ahmed Jamal Siddiqui, Advocates for MCD.
Mr. Sanjeev Sabharwal, SPC for UOI along with Ms. Shweta Singh and Ms.
Vandana Anand, Advocates for SHO.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
O R D E R
% 23.03.2026 1.
The present petition alleges wilful disobedience of the order dated 18.07.2024 passed in W.P.(C) 9413/2024. The said order reads as under:- "1. In view of the Status Report filed by the respondent-Corporation, learned counsel appearing on behalf of the petitioner submits that as of now, the petitioner's grievance stands mitigated. He, however, submits that in all probability, the private individual will again encroach the roads/ government land. He, therefore, submits that the respondents .be directed to ensure that as and when any reencroachment takes place, the concerned authority shall take immediate remedial measures.
2. The request made by the learned counsel for the petitioner is not opposed by the learned counsel who appears on behalf of the respondentCorporation and for the respondent-Police authority. They, on instructions, undertake that as and when they notice any illegal/unauthorised encroachment, they shall take necessary action immediately.
3. In view of the aforesaid, nothing more is required to be done. The The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
respondents are bound by their undertaking.
4. The petition is accordingly disposed of alongwith the pending application."
2.
The petitioner is aggrieved by the fact that rampant unauthorized encroachment continues to subsist on public road despite the aforesaid order. 3.
Mr. Manu Chaturvedi, learned counsel for the Municipal Corporation of Delhi (MCD), submits that pursuant to the order dated 18.07.2024, repeated actions have been taken by the MCD for removal of encroachment. A status report has been handed over, during the course of hearing, which sets out the action taken by the MCD from time to time, as under:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
It is submitted that every time after the action is taken by the MCD, the area is re-encroached upon. It is emphasized that it is for the concerned SHO / Police Authorities to ensure that the same does not happen. 5.
Considering the circumstances, the following directions are issued:- i.
The MCD shall carry out fresh inspection of the area and remove the subsisting encroachments on public land in the area of Hansh Raj Sethi Marg, Nehru Enclave, Kalkaji, Ward No. 175. Let the same be done within a period of four weeks from today; ii.
The SHO of the concerned Police Station shall maintain constant vigil to ensure that the area is not re-encroached upon; iii.
The petitioner shall also be entitled to bring any illegal/ unauthorized encroachment to the attention of the SHO who shall take immediate action upon the receipt of any such information/ complaint. 6.
The petition is disposed of in the above terms. Pending applications also stand disposed of.
SACHIN DATTA, J MARCH 23, 2026/r The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.