The Kapashera Estate Residents Welfare Society v. The Government Of NCT Of Delhi And ORS.

Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8242/2017, CMNos. 33908/2017 & 3741/2018 GEETA SINGH Petitioner Through:

versus GOVT. OF NOT OF DELHI AND ORS.

Respondents Through:

Mr. Santosh Tripathi, ASC for GNCTD Mr. Sanjeev Sabharwal, Adv. with Mr. Hem Kumar and Ms. Busra Waseem, Advs. for SDMC Mr. Amit Bhagat and Mr. Amit Dwivedi, Advs. for R12 Ms. Shamshravish Rein, Ms.Maheravish Rein and Mr. Aldanish Rein, Advs. for DSIIDC AND + W.P.(C) 6133/2018, CMNo.

23772/2018 THE KAPASHERA ESTATE RESIDENTS WELFARE SOCIETY Petitioner Through:

Mr. Amit Bhagat and Mi\ Amit Dwivedi, Advs.

versus THE GOVERNMENT OF NOT OF DELHI AND ORS.

Respondents Through:

Mr. Satindr Singh, Adv. for R1 Ms. Kanishka Prasad, Adv. for R4

CORAM:

HON'BLE MR.

JUSTICE V. KAMESWAR RAO

ORDER

% 30.04.2019

-0 1.

The W.P.(C) 8242/2017 has been filed by the petitioner with the following prayers:

"In the facts and circumstances mentioned herein above, it Sv is most humbly prayed that this Hon'ble Court may be pleased to:- a) issue a writ/order/direction to Respondent Authority to immediately demolish the unauthorised and illegal irongates erected / installed /constructed by the Private Respondents between Farm No. 6 and 7 on the common road in Kapashera Estate, New Dehlhi;

b) issue a writ / order /direction to the Respondent Authorities to immediately demolish the iron-pillars illegally erected / installed / constructed by the Private Respondents in front of Farm No. 9 and at the corner of Farm No.2 on the common road in Kapeshera Estate, New Delhi;

c) issue a writ / order / direction to the respondent Authorities to immediately remove the portable cabins illegally installed by the Private Respondents between Farm No. 6 and 7 in from of Farm No.9 and at the corner of Farm No.2 on the common road in Kapashera Estate, New Delhi; d) issue a writ / order / direction to the Respondent Authorities to launch prosecution against the Private Respondents for violation of S.320 of the Delhi Municipal

Corporation Act, 1957; and e) issue a writ / order / direction to the Respondent Authorities to permanently restrain the Private Respondents from carrying out any such illegal construction / erection / installation on the common road in Kapashera Estate, New Delhi in the future; and f issue a writ / order / direction to the Respondent Authorities to permanently restrain the Private Respondents from carrying out any such illegal construction / erection / installation on the common road in Kapashera Estate, New Delhi in the future; and f Issue a writ / order / direction to the Respondent Authorities that the principles of guidelines dated 25.06.2007 should be applicable to all the public roads in Delhi; and g) Pass any other order(s) which this Hon 'ble Court may deem fit and proper in the facts and circumstances of the case."

2.

Mr. Santosh Tripathi, learned ASC appearing for the GNCTD states that the gates against which the petitioner in W.P. (C) 8242/2017 has grievance, have been removed. It is his submission that in view of the removal of the gates nothing further survives in the writ petition. Learned counsel for the petitioner concedes to this submission of Mr. Santosh Tripathi.

3.

ButlfindinW.P.(C) 6133/2018, the prayers read as under: "In view of the facts and circumstances mentioned hereinabove, it is prayed that this Hon'ble Court may ^ graciously be pleased to:

i. Issue a Writ of Mandamus or any other Writ, Order or Direction in the nature of Mandamus or any other appropriate Writ, Order or Direction for directing the Respondent No. 1 to frame regulations for the installation of Security Gates in Kapashera Estate for the safety and security of its residents; and a. Issue a Writ of Certiorari or any other Writ, Order or Direction in the nature of Mandamus or any other appropriate Writ, Order or Direction for directing the Respondent No. 1 to reinstall the Security Gates which had been installed by the Petitioner Society; and iii.Pass any other or such further order(s) as this Hon'ble Court may deem fit in the facts and circumstances of the present case."

4.

If that be so, the writ petitions can be disposed of by directing the Kapashera Estate Residents Welfare Society to make a fresh application for installation of gates to the Sub Divisional Magistrate, Kapashera within one week from today.

5.

On such application being made, the Sub Divisional Magistrate shall

give a hearing to the Kapashera Estate Residents Welfare Society as well as to Ms. Geeta Singh, petitioner in W.P.(C) 8242/2017. The parties shall be at liberty to take all pleas as available to them both on facts and in law and thereafter the Sub Divisional Magistrate shall decide the request of the Kapashera Estate Residents Welfare Society within a period of four weeks. For this puipose, this Court fixes the date of hearing as May 27, 2019 at 03:00 P.M before the Sub Divisional Magistrate. 6.

It goes without saying that if any party is aggrieved by any order to be passed by the Sub Divisional Magistrate, the parties shall be at liberty to challenge the same in accordance with law.

7.

The writ petitions are disposed of.

CM Nos. 33908/2017 & 3741/2018 in W.PTQ 8242/2017 CM No. 23772/2018 in W.P.(C) 6133/2018 Dismissed as infructuous.

V. KAMESWAR RAO, J APRIL 30, 2019laky