Lancers Convent Sr Sec School v. Municipal Corporation of Delhi

1. The present petition has been filed by a School, i.e., Lancers Convent Sr. Secondary School, seeking protection against the actions of the respondents, including, demolition of a safety gate, installed by the petitioner and a neighbouring society, without any prior notice and without following due process of law.

2. Learned counsel appearing for the petitioner submits that petitionerschool, caters to over approximately 5000 students, including, minors and it shares a common public lane with a Cooperative Group Housing Society (“CGHS”), i.e., New Town CGHS Ltd.

3. It is submitted that the said lane has for several years been plagued by rampant illegal parking nuisance, as well as intoxication and harassment incidents. Thus, in order to secure the safety and welfare of the children, the petitioner installed a manual safety gate at the entry of the shared lane. The petitioner also made an application dated 24th September, 2025 before the Municipal Corporation of Delhi (“MCD”) for seeking permission in this regard. However, by way of the order dated 03rd October, 2025, the MCD rejected the said application.

4. It is submitted that the petitioner also submitted further representations dated 08th October, 2025 to the Traffic Police Department, Rohini Zone and 14th October, 2025 to the MCD. However, despite the same, the MCD sought to demolish the said gate on 16th October, 2025. Thus, the present petition has been filed with prayer for directions to the respondents to permit the petitioner to install a gate in the lane between the petitioner-School and New Town CGHS Ltd., Sector 14, Rohini, Delhi.

5. Responding to the present writ petition, learned counsel appearing for the MCD submits that an application dated 24th September, 2025, was received from the petitioner-School after they had already installed the gate in question.

6. It is submitted that letter dated 03rd October, 2025 was written by the MCD to the petitioner rejecting the aforesaid application on account of the fact that the petitioner had not completed the codal formalities and had not complied with the guidelines of the Circular dated 25th June, 2007, issued by the MCD, with regard to installation of gates.

7. Learned counsel appearing for the MCD submits that the Circular dated 25th June, 2007, as issued by the MCD, contains the policy/guidelines for installation of gates for security purpose in colony. It is submitted that before installation of a gate, a No Objection Certificate (“NOC”) from Delhi Traffic Police, is required to be obtained. However, in the present case, no such permission was taken.

8. Learned counsel appearing for the MCD has handed over to this Court a letter dated 29th October, 2025, received from the Station House Officer (“SHO”), Police Station-Prashant Vihar, District Rohini, Delhi, wherein, the police directed the MCD to take necessary action for removal of the iron gate in question. The letter dated 29th October, 2025, issued by the Delhi Police, is reproduced as under:

9. Thus, it is submitted that installation of any gate by the petitioner without following the guidelines, as contained in the Circular dated 25th June, 2007 for installation of gates, and without taking a NOC from the Delhi Traffic Police, cannot be allowed.

10. At this stage, learned counsel appearing for the petitioner submits that the petitioner has already applied to the Delhi Traffic Police for issuance of a NOC.

11. Learned counsel appearing for the Deputy Commissioner of Police (Traffic), submits that the prayers made in the present writ petition be considered as a representation to the Delhi Traffic Police, which shall be duly considered by the Delhi Police.

12. Accordingly, considering the submissions made before this Court, it is directed that the present writ petition be considered as a representation by the MCD as well as the Delhi Traffic Police.

13. The Delhi Traffic Police, as well as the MCD, shall consider the representation of the petitioner in terms of the Circular dated 25th June, 2007, and pass appropriate orders in accordance with law.

14. Since as per requirement of the MCD, a NOC from the Delhi Traffic Police is mandatory, in the first instance, let the representation of the petitioner be considered by the Delhi Traffic Police.

15. In case required, the Traffic Police shall also call the authorized representative of the petitioner for hearing.