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High Court of DelhiW.P.(C)/2912/2025

Regent Mall Association v. Municipal Corporation Of Delhi (Through Its Commissioner) & ORS.

2025-03-07Hon'Ble Ms. Justice Jyoti Singh2 pages

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2912/2025 and CM APPL. 13830/2025 REGENT MALL ASSOCIATION .....Petitioner Through:

Mr. Prithivi Raja Sahib and Mr.

Akash, Advocates.

versus MUNICIPAL CORPORATION OF DELHI (THROUGH ITS COMMISSIONER) & ORS.

.....Respondents Through:

Mr. Vikas Chopra, Standing Counsel with Ms. Anita R. Mishra and Ms. Khushi, Advocates for MCD.

Ms. Sahaj Garg, SPC for R-2/UoI.

Ms. Astha Gupta, Advocate for R-3.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 07.03.2025 1.

This writ petition is preferred of behalf of the Petitioner under Article 226 of the Constitution of India seeking the following reliefs: - "a. To issue Writ of Mandamus, directing the Respondent no. 1, 2 and 3 to remove the illegal encroachment, specifically Infront of the Petitioner's Mall, i.e., REGENT MALL, and Hardhyan Singh Road, Near Gaffar Market, Karol Bagh, New Delhi with immediate effect. b. To issue Writ of Mandamus, directing the Respondents to curb, remove, prevent and restrain illegal and unauthorised encroachment on the Hardhyan Singh Road, Karol Bagh, New Delhi and direct the Respondents to submit a detailed report to this Hon'ble Court regarding the action taken within a stipulated time.

c. To issue Writ of Mandamus or any other direction or order in the nature of mandamus."

W.P.(C) 2912/2025 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 01/07/2025 at 21:26:26

2.

Learned counsel for the Petitioner submits that a complaint has been made alleging illegal and unauthorised encroachment on Hardhyan Singh Road, near Gaffar Market, Karol Bagh, New Delhi to the Special Task Force ('STF'), PWD, Government of NCT of Delhi, however, till date no action has been taken by either of the authorities concerned. 3.

Issue notice.

4.

Learned counsels, as above, accept notice on behalf of the respective Respondents.

5.

In light of the fact that Petitioner has already made a complaint to STF constituted under orders of the Supreme Court in M.C. Mehta (Sealing Issue) v. Union of India and Others, (2019) 12 SCC 423 and M.C. Mehta v. Union of India and Others, (2021) 20 SCC 465, this writ petition is disposed of, without entering into the merits of the case, directing STF to look into the complaints filed by the Petitioner in its next meeting and take appropriate action in accordance with law.

6.

Pending application also stands disposed of.

JYOTI SINGH, J MARCH 7, 2025 S.Sharma W.P.(C) 2912/2025 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 01/07/2025 at 21:26:26