Jamia Arabia Nizamia Welfare Education Society v. South Delhi Municipal Corporation And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ JAMIA ARABIA NIZAMIA WELFARE EDUCATION SOCIETY .....Petitioner Through:

Ms.Rakesh Lakra and Ms.Kanika, Advocate (Through VC) versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS.

.....Respondents Through:

Mr.Anil Soni, CGSC and Mr.Devratt Yadav, GP for UOI.

Mr.Biraja Mahapatra and Mr.Nalin Hongorani, Advocates for DPCC Mr.Sanjeev Sabharwal, Standing Cousnel with Ms.Shweta Singh, Advocate for MCD Ms.Harshita Nathrani, Advocate for Mr.Sameer Vashisht, ASC for GNCTD

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 22.10.2024 1.

The present petition, under Article 226 of the Constitution of India, has been instituted in respect of encroachment by unauthorized/illegal shops in the street leading to the Hazrat Nizamuddin Dargah in the Nizamuddin Area.

2.

The Municipal Corporation of Delhi ["MCD"] has filed status The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

reports from time to time, the latest being the status report dated 16.07.2024.

3.

The status report details the actions taken against violators. In the latest status report, the action after 18.08.2023 has been enumerated, which includes operations on 11.10.2023, 22.11.2023, 29.11.2023, 14.12.2023, 27.12.2023, 11.01.2024, 10.02.2024, 17.02.2024 and 11.07.2024.

The penalty levied upon violators and challans issued against them have also been enumerated.

4.

It is stated in the report that Veterinary Service Department, Central Zone, MCD is taking regular action in the area in question, against violators, and also co-ordinating with the police for strict surveillance so that illegal trading in meat does not recur. 5.

It is evident from the status report that action has been taken from time to time by the MCD, although it is also true that repeated and regular action is required to prevent such encroachments and illegal activities from recurring at the site. As far as this aspect is concerned, learned counsel for the MCD states that MCD will continue to take action regularly in accordance with law. MCD is directed to do so, but it is not necessary to keep the writ petition pending for this purpose. 6.

The judgment of this Court in Sh. Nilabh Sharma v. Municipal Corporation of Delhi through its Deputy Commissioner South Zone [W.P. (C) 11400/2024, decided on 20.08.2024] lays down that the petitioner can also avail an independent remedy under Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

7.

Further, in order to ensure that the petitioner has access to an administrative remedy, the MCD is directed to nominate a Nodal Officer, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

whose contact details will be given to learned counsel for the petitioner, so that the petitioner can raise its grievance to the Nodal Officer if the problem reoccurs in future.

8.

The petition is disposed of with these directions. PRATEEK JALAN, J OCTOBER 22, 2024 "SV"/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.