High Court of DelhiW.P.(C)/3258/2024

Akash Deep Maintenance Committee v. New Delhi Municipal Council & ORS.

2025-10-10Hon'Ble Ms. Justice Mini Pushkarna10 pages

$~30 & 31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3225/2024 & CM APPL. 13273/2024 AKASH DEEP MAINTENANCE COMMITTEE .....Petitioner Through:

Mr.

Jha, Advocate (M:9810720069) versus NEW DELHI MUNICIPAL COUNCIL & ORS.

.....Respondents Through:

Mr. Asheesh Kumar Mishra, ASCNDMC (M:9311072008) + W.P.(C) 3258/2024 & CM APPL. 13427/2024 AKASH DEEP MAINTENANCE COMMITTEE .....Petitioner Through:

Mr.

Jha, Advocate (M:9810720069) versus NEW DELHI MUNICIPAL COUNCIL & ORS.

.....Respondents Through:

Mr. Chetanya Puri, SPC with Mr.

Anand Awasthi, Advocate for Delhi Police (M:8285536218) Mr. Asheesh Kumar Mishra, ASCNDMC (M:9311072008)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 10.10.2025 1.

The present petitions have been filed seeking directions to respondent nos. 1 to 3, to take action upon the representation of the petitioner against The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the respondent no. 4 and thereby, stop respondent no. 4 from unauthorizedly putting his goods/garbage and dealing in scrap business in the open, adjacent to the entrance gate of Akash Deep Building, 26-A, Barakhamba Road, New Delhi-110001.

The premise of filing the petition, being W.P.(C) 3258/2024, was that respondent no.

herein had illegally, and without obtaining any authorization or license, had installed and was running an illegal tea stall and snack vending unit, adjacent to the entrance gate of the Akash Deep Building, 26-A, Barakhamba Road, New Delhi-110001. 3.

A counter affidavit has been filed on behalf of the New Delhi Municipal Council ("NDMC"), relevant portions of which, are reproduced as under:

"xxx xxx xxx 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.

Further, Status Report has also been filed on behalf of the Station House Officer ("SHO"), Police Station-Barakhamba Road in W.P.(C) 3258/2024, which reads as under:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Perusal of the aforesaid counter affidavit and Status Report filed on behalf of the NDMC and SHO, Police Station-Barakhamba Road, respectively clearly show that the encroachment in the form of the tea stall, has already been removed by the concerned authorities. Further, the beat and patrolling staff is regularly patrolling in the area near Akash Deep Building, 26-A, Barakhamba Road to prevent any incident in the future. 6.

Likewise, in W.P.(C) 3225/2024, the petition had been filed for removing and stopping the respondent no. 4, i.e., Mr. Deepak in W.P.(C) 3225/2024, from unauthorizedly putting goods/garbage and dealing in scrap business in the open, adjacent to the entrance gate of the Akash Deep Building, 26-A, Barakhamba Road, New Delhi-110001. 7.

Counter affidavit has been filed on behalf of NDMC in W.P.(C) 3225/2024 also, relevant portions of which, read as under: "xxx xxx xxx 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.

xxx xxx xxx"

Perusal of the aforesaid counter affidavit of NDMC manifests that requisite action for removal of the encroachment by the scrap dealer, has been duly undertaken.

Learned counsel appearing for the petitioner confirms the fact that comprehensive action has been taken and both the encroachments have been removed.

10.

However, SHO, Police Station-Barakhamba Road is held bound to ensure that no such incident of encroachment/unauthorized construction occurs in the future.

11.

With the aforesaid directions, the present writ petitions, along with pending applications, are disposed of.

MINI PUSHKARNA, J OCTOBER 10, 2025/au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.