Block 65 and 5 C Resident Welfare Association v. Govt. of NCT of Delhi and Ors.

Delhi High Court · 18 Feb 2020 · 2020:DHC:1177-DB
Chief Justice D.N. Patel; C. Hari Shankar
W.P.(C) 1856/2020
2020:DHC:1177-DB
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed a PIL challenging parking in Ajmal Khan Park for lack of prior representation, directing authorities to consider the grievance before judicial intervention.

Full Text
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W.P.(C) 1856/2020
HIGH COURT OF DELHI
Date of Decision: 18.02.2020
W.P.(C) 1856/2020
BLOCK 65 AND 5 C RESIDENT WELFARE ASSOCIATION (REGD.) ..... Petitioner
Through: Mr. Arvind Sharma & Mr. Ratnesh Sharma, Advs.
VERSUS
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr. Gautam Narayan, ASC (GNCTD) with Ms.Shivani Vij & Ms. Dacchita Shahi, Advs. for Delhi Police.
Ms. Jyoti Taneja, Standing Counsel for R-2 Ms. Shobhana Takiar, Adv. for R-3/DDA
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
D.N. PATEL, CHIEF JUSTICE (ORAL)
CM APPL.6513/2020 (Exemption)
Allowed, subject to all just exceptions.
Application stands disposed of.

1. This so-called Public Interest Litigation has been preferred with the following prayers: 2020:DHC:1177-DB “(a) Issue appropriate writ, order or direction thereby directing the respondents to show how the parking has been permitted in Ajmal Khan Park contrary to the Master Plan of Delhi and thereby directing respondents to produce all its records as to how the illegal parking has been permitted in Ajmal Khan Park contrary to the master plan of Delhi and contrary to the very usage of the park; (b) Issue appropriate writ, order or direction thereby directing the respondents to stop the parking in the Ajmal Khan Park and restore the usage of Ajmal Khan Park located in Karol Bagh to its original condition thereby removing the illegal parking;

(c) Issue appropriate writ, order or direction thereby prohibiting the respondents to permit parking within the Ajmal Khan Park;

(d) Pass any other writ, order and direction that this Hon'ble

2. Having heard the counsel for petitioner and counsel appearing for respondents, it appears that without any representation being preferred by this petitioner to the respondents, this writ petition has been preferred directly to this Court. Moreover, a contract entered into between the respondent Nos.[2] and 3 with respondent No.4 is also under challenge. Respondent Nos.[2] and 3 are directed to decide the grievances ventilated by the petitioner in this petition, by treating this petition as a representation and if there is any illegality in allowing a part of the park as a parking space, action will be initiated by the respondents in accordance with law, rules, regulations and Government policy applicable to the facts of the present case after giving adequate opportunity of being heard to the concerned parties. The decision will be taken by the respondents as early as possible and practicable.

3. With the aforesaid directions, this writ petition is hereby disposed of. CM No.6512/2020

4. In view of the final order passed in WP(C) 1856/2020, the application stands disposed of as infructuous.

CHIEF JUSTICE C.HARI SHANKAR, J FEBRUARY 18, 2020 ns