High CourtsDivision Bench(2020) 02 DEL CK 0519

Block 65 And 5 C Resident Welfare Association (Regd.) vs Govt. Of Nct Of Delhi And Ors

Delhi High Court · Decided on 18 February 2020

HON’BLE JUDGES
Dhirubhai Naranbhai Patel, CJ · C. Hari Shankar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 1856 Of 2020

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Judgment

23 paragraphs · 367 words

D.N. Patel, CJ

CM APPL.6513/2020 (Exemption)

Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 1856/2020

1.

This so-called Public Interest Litigation has been preferred with the following prayers:

“(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 Court may deem , fit and proper in the facts and circumstances of the case and

in the larger public interest.â€​

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.