Geeta Singh v. Government of NCT of Delhi and Ors.

1. The W.P.(C) 8242/2017 has been filed by the petitioner with the following prayers: "In thefacts and circumstances mentioned herein above, it 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.6and 7on 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 ofFarm 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.6and 7infrom ofFarm No.9 and at the corner ofFarm No.2on the common road in Kapashera Estate, New Delhi; d)issue a writ / order / direction to the Respondent Authorities to launch prosecution against the Private Respondentsfor violation ofS.320 ofthe Delhi Municipal Corporation Act, 1957;and e) issue a writ / order / direction to the Respondent Authorities to permanently restrain the Private Respondentsfrom carrying outanysuch illegal construction /erection /installation on the common road in Kapashera Estate, New Delhi in thefuture;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 thefuture;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 thefacts and circumstances ofthe 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 ofthe 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 bepleasedto: i. Issue a Writ ofMandamus or any other Writ, Order or Direction in the nature of Mandamus or any other appropriate Writ, Order or Direction for directing the RespondentNo.1 toframe regulationsfor the installation of Security Gates in Kapashera Estate for the safety and security ofits 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 thePetitioner Society;and iii.Pass any other or suchfurther order(s) as this Hon'ble Court may deem fit in thefacts and circumstances ofthe presentcase."

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 ofgates 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 offour weeks. For this puipose, this Court fixes the date of hearing as May 27, 2019 at 03:00P.M before the Sub Divisional Magistrate.

6. It goes without saying that ifany 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 writpetitions 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