Ravinder Lal Airi v. Sh. Shashvat Saurabh, The Deputy Commissioner And ORS

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 12/2026 RAVINDER LAL AIRI .....Petitioner Through:

Mr. Dhruv Dwivedi, Adv.

versus SH. SHASHVAT SAURABH, THE DEPUTY COMMISSIONER AND ORS .....Respondent Through:

Mr. Tushar Sannu and Mr. Fajallu Rehman, Advs., MCD along with Mr.

Suresh Meena, AE, South Zone.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 06.01.2026

O R D E R

CM APPL. 358/2026 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CONT.CAS(C) 12/2026 3.

The present petition alleges wilful disobedience of the directions contained in the order dated 28.03.2023, passed by this Court in W.P.(C) 3448/2016. The said order reads as under:

"1. By way of present petition filed under Article 226 of the Constitution of India, the petitioner has sought following reliefs:- "(i) Issue a writ/order/direction in the nature of mandamus directing the respondents to dismantle/remove the Six (6) gates in Block A, New Friends Colony (numbered and identified as Gate A-1 to Gate A-6) and Fourteen (14) gates in Block B and Block C (numbered and identified as Gate BC-1 to Gate BC-14) New Friends Colony being in violation of Circular dated 25.06.2007 issued by Delhi Municipal Corporation; and/or The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(ii) During pendency of this Writ Petition, direct the authorities to remain open all the (6) gates in Block A, New Friends Colony(numbered and identified as Gate A-1 to Gate A-6) and Fourteen

(14) gates in Block B and Block C (numbered and identified as Gate BC-1 to Gate BC-14) New Friends Colony during the daytime and During the night time after 11.00 p.m., gates may be closed upto 5.00 am, but entry and exit facility shall be made available to the residents and entry/exit shall be manned by the Watch and Ward to be appointed by the RWAs at their costs as per the Circular dated 25.06.2007 issued by Delhi Municipal Corporation; and/or"

2. Mr. Tushar Sannu, learned Standing Counsel has referred to the Status Report dated 23.01.2019 to submit that the RWA's representation for regularisation of the Gates in question was rejected as the requisite NOC from the traffic police was not been obtained by it.

3. In view of the above, the present petition is disposed of with the direction that the RWA shall be at liberty to file a fresh representation before respondent Nos. 1 and 2 who, after grant of personal hearing to all the stakeholders, shall consider the same in accordance with law and pass a Speaking Order within three months. Till passing of such order, no coercive action be taken. Needless to state that in case either of the parties remains aggrieved, it shall be at liberty to seek remedy in accordance with law.

Miscellaneous applications are disposed of as infructuous. " 4.

Learned counsel for the respondent no.1, who appears on advance notice, submits that a hearing has been scheduled by the respondent no.1 on 08.01.2026 at 04.00 PM, for the purpose of disposal of the representation in terms of the aforesaid directions.

5.

It is further agreed that the petitioner shall also be permitted to participate in the said exercise for the purpose of consideration of all relevant aspects and effective disposal of the concerned representation. 6.

Let the exercise for disposal of the representation be collaboratively The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

carried out by the respondent nos.1 and 2.

7.

In the aforesaid circumstances, no further directions are required to be passed at this stage, except to direct the respondent nos.1 and 2 to expeditiously conclude the aforesaid exercise. 8.

The petition is accordingly, disposed of.

9.

Needless to say, as already stated, in the order dated 28.03.2023, the concerned parties shall be at liberty to seek appropriate remedies in accordance with law upon conclusion of the aforesaid exercise. 10.

Let the aforesaid exercise be concluded latest within a period of three months from today.

SACHIN DATTA, J JANUARY 6, 2026/cl The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.