Hari Krishna Bhatt v. Municipal Corporation Of Delhi & ORS.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16310/2024 HARI KRISHNA BHATT .....Petitioner Through:

Ms. Komal Mehta, Advocate.

versus MUNICIPAL CORPORATION OF DELHI & ORS.....Respondents Through:

Ms. Shilpa Dewan, Advocate for MCD.

Mr. Brijesh Yadav, SPC with Ms.

Nikita and Mr.

P.C.

Pathak, Advocates for Respondent No.3.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 15.01.2025 CM APPL. 68751/2024 1.

Exemption allowed, subject to all just exceptions. 2.

Application stands disposed of.

W.P.(C) 16310/2024 3.

This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India for a direction to Respondents No.1 to 3 to remove the unauthorized iron gates, speed breakers and shaded rooms installed/erected at several places on the street way from H.Nos.15, 172 to Ram Nagar near Gopal Temple and other places in the vicinity of Gopal Park as described in the writ petition.

4.

Petitioner had approached this Court earlier in W.P.(C.) 9445/2024 seeking similar reliefs. Writ petition was disposed of on 18.07.2024 with a W.P.(C) 16310/2024 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 24/01/2025 at 16:04:48

finding that the 'cat eye' speed breakers were not causing any disturbance to anyone concerned and are insignificant and thus no action is required to be taken. Insofar as the iron gates are concerned, the Court directed MCD to examine if they were unauthorisedly installed and accordingly take necessary action. Petitioner was given the liberty to re-agitate the issue in case of surviving grievance. Aggrieved by the fact that no action was taken by MCD despite an order of this Court, Petitioner is once again agitating that the iron gates, etc. are illegally installed. 5.

Insofar as the 'cat eye' speed breakers are concerned, Court has already taken a view that they are not causing any disturbance/hindrance and no action is required to be taken. As for the iron gates, learned counsel for MCD, on instructions, submits that one iron gate has already been removed and further action is scheduled for 13.02.2025. 6.

Taking the stand of MCD on record, this writ petition is disposed of. Needless to state necessary action with respect to the remaining iron gates in question will be taken as warranted. In case of any surviving grievance, Petitioner may re-agitate the issue before the appropriate Forum. JYOTI SINGH, J JANUARY 15, 2025/jg W.P.(C) 16310/2024 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 24/01/2025 at 16:04:48