High Court of DelhiW.P.(C)/9768/2016

Shri Dharamsangh Mahavidalaya v. Govt. Of NCT Of Delhi & ORS

2016-10-21Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9768/2016 SHRI DHARAMSANGH MAHAVIDALAYA ..... Petitioner Through Mr.Kartik Khanna and Mr. Prashant Sharma, Advocates.

versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Through Mr.Peeyoosh Kalram ASC with Mr.Shiva Sharma, Advocates for R-1.

Mr.Ram Kumar, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 21.10.2016 C.M. No.39010/2016 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

W.P.(C) 9768/2016 Petitioner is aggrieved by the fact that the Sant Parmanand Hospital Society which is carrying its construction has been permitted to place its construction material which included heavy iron bars, cement and their generators on the road which is a road in between Nigam Bodh Ghat and the Sant Parmanand Hospital. The photographs appended with the petition substantiate this submission. This road appears to be largely blocked. His submission is that the Corporation/Statutory Body is not taking any action against the

aforenoted illegal action permitted by respondent no.3. On advance notice, learned counsel for respondent no.2 has put in appearance. Counsel for respondent no.1 is also present. The photographs substantiate the submission made by the petitioner. The road which a public passage appears to be blocked; there does not appear to be a free access on the road even if the construction activities is permitted by the Department. There is no business on the part of respondent no.3 to put his material on the road which is a public road. The Sant Parmanand Hospital Society will ensure that this road remains unhindered and hurdle free. The respondent no.2/North DMC will ensure that this road be kept upon for the access of the public. Undertaking to this effect of respondent no.2 is taken on record.

The order shall be complied with in true letter and spirit within an outer limit of two week from the receipt of the order. Petition disposed of.

Order dasti.

INDERMEET KAUR, J OCTOBER 21, 2016 ndn