High Court of DelhiW.P.(C)/1880/2016

Ramesh Nagar Dsbb Rwa v. Dy. Commissioner, North Mcd & ANR

2025-12-03Hon'Ble Ms. Justice Mini Pushkarna11 pages

$~13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1880/2016, CM APPL.

76141/2025 & CM APPL.

76142/2025 RAMESH NAGAR DSBB RWA .....Petitioner Through:

Mr. Deepak Gaur, Adv. (Through VC) versus DY. COMMISSIONER, NORTH MCD & ANR.

.....Respondents Through:

Ms. Mansi Gupta, Adv. for MCD Mr. Avtar Singh, Adv. for R-2 & 3 Mr. Ashish Upadhyay, Adv. for applicant in CM APPL. 76141/2025

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 03.12.2025 1.

The present writ petition has been filed seeking directions to the respondent nos. 1 and 2, to remove all temporary, permanent and semi permanent encroachments from the service road, footpath and C.L. Khanna Marg, in and around the petitioner's colony in B-Block, Ramesh Nagar, New Delhi-110015.

When the matter was listed before this Court on the last date of hearing, directions in the following manner came to be passed: "1. The present petition has been filed seeking directions to the respondent no. 1-Municipal Corporation of Delhi ("MCD"), to remove all temporary, permanent and semi-permanent encroachments from the service road, footpath and CL Khanna Marg, in and around the petitioner's colony in B-Block, Ramesh Nagar, New Delhi-110015. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2. There is a further prayer with regard to taking action against the 'Used Car Shops' running from the residential area in question.

3. Attention of this Court is drawn to the order dated 02nd September, 2019, wherein, the Executive Engineer of the MCD had stated that with respect to the shops in question, the Land and Development Office ("L&DO") would have a role to play.

4. However, whether or not any shop in a residential area is allowed, is to be decided on the basis of The Master Plan of Delhi 2021 ("MPD 2021").

5. Accordingly, MCD is directed to consider this aspect and inform this Court as to whether the shops in question, which are the subject matter of the present writ petition, are permissible under the MPD 2021.

6. In case, the said shops in question are not permissible under the MPD 2021, requisite action shall be initiated by the MCD accordingly.

7. In case, the said shops in question are permissible as per the MPD 2021, the said fact shall also be informed to this Court, including, the fact whether the said shops are being run with requisite permission/license, if any, required from any statutory authority.

8. Accordingly, let an affidavit in this regard be filed, before the next date of hearing.

9. Re-notify on 03rd December, 2025."

Pursuant thereto, a Status Report dated 02nd December, 2025, has been filed on behalf of the Municipal Corporation of Delhi ("MCD"), 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.

Reading of the aforesaid Status Report clearly shows that the area in question is a notified commercial street, where commercial activities are allowed. Further, the C.L. Khanna Road, Ramesh Nagar has been stated to be a notified mixed used street under the Master Plan of Delhi, 2021 ("MPD, 2021"), wherein, ground floor and basement of the properties can be used for commercial purposes, subject to payment of registration charges/conversion charges/parking charges/additional Floor Area Ratio ("FAR") charges.

This Court notes the submission made by learned counsel appearing for the respondent-MCD that action has been taken by the MCD time and again for removal of the temporary encroachments, in the area in question. 6.

Affidavit of Mr. Ashok Rawat, Assistant Commissioner, Karol Bagh Zone, North Delhi Municipal Corporation ("NDMC") filed in this regard, is reproduced as under:

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

Status Report dated 13th February, 2017, has also been filed on behalf of the Station House Officer ("SHO"), Police Station-Kirti Nagar, 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.

xxx xxx xxx"

Further, Additional Affidavit dated 10th April, 2017, has also been filed on behalf of the MCD, 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.

Another Additional Affidavit dated 31st May, 2018, filed on behalf of MCD, deposed by Mr. P.K. Jha, Additional Deputy Commissioner, Karol Bagh Zone, MCD, reads 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.

10.

Perusal of the aforesaid Status Reports clearly show that action for removal of temporary encroachment is being taken by the department with the assistance of the Delhi Traffic Police ("DTP"), time and again. 11.

This Court notes that the present writ petition has been pending since the year 2016.

12.

Accordingly, the MCD is held bound to continue to ensure that there The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

is no encroachment on public land in the area in question, and that MCD shall take regular and continuous action against any encroachment in the area, subject matter of the present writ petition. 13.

Accordingly, the present writ petition, along with the pending applications, stands disposed of.

MINI PUSHKARNA, J DECEMBER 3, 2025/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.