N S Mor & Ors. vs Delhi Development Authority & Anr

Prathiba M. Singh, J

This hearing has been done through video conferencing.

CM APPL. 22054/2020(for exemption) in CONT.CAS(C) 504/2020 CM APPL.19323/2020(for exemption) in W.P.(C) 5366/2020

Allowed, subject to all just exceptions. Applications are disposed of.

CM APPL. 19322/2020 in WP (C) 5366/2020 (for exemption from filing court fee)

This is an application seeking exemption from filing court fee and duly attested affidavits. Binding the deponent of the affidavit to the contents of the

application, the exemption is granted. Insofar as court fee is concerned, the same be deposited within one week.

Application is disposed of. Registry to submit a report in case the court fees is not filed after a month.

CONT.CAS(C) 504/2020

W.P.(C) 5366/2020 &CM APPL. 32109/2020 (for impleadment)

The brief background to these cases is that W.P.(C) 5366/2020 was initially filed seeking a direction for dismantling the unlawful encroachment by

the Respondent No.2 in the public park and the common area of 300 sq. yards behind Ganga Complex, D-6, Vasant Kunj (hereinafter, “subject

premisesâ€). Vide order dated 18th August, 2020, this Court had directed Delhi Development Authority (hereinafter, “DDAâ€) to conduct a site

inspection and submit a status report along with the photographs of the subject premises, as well as to ensure that proper ingress and egress to the

green area behind the subject premises is available to all residents of the Apartment block.This court had, vide the same very order, directed the

Respondent DDA to ensure that if there is any encroachment on the subject premises, the same shall immediately be removed.

Pursuant to the said order, status report was submitted by the DDA. Parallelly, a contempt petition also came to be filed being CONT.CAS(C)

504/2020. The allegation in the contempt petition is that Respondents No.1 to 3 have, by their conduct, violated the order dated 18th August, 2020 and

accordingly contempt action ought to be taken. Vide order dated 13th October, 2020, after perusing the photographs, this Court was not convinced that

the green area was made fully accessible to the residents in Vasant Kunj and further directions were issued. At that stage, it was also noticed that

FIR No.557/2020 was lodged by Respondent No.2 against the Petitioner. Thereafter, the parties were directed to join the proceedings through video

conferencing on the next date.

DDA, on 9th December, 2020, informed the Court that sufficient steps have been taken to ensure that the public has open access to the park in

question. Status report was also filed. In the meantime, the Petitioner also lodged a criminal complaint against the Respondents.

The Court has perused the various photographs and the sketch placed on record. The Petitioner has also placed a sketch on record, which has been

filed with CM APPL. 32109/2020. The same is set out below:

While there is no doubt that sufficient steps have been taken to make the park accessible, in the sketch filed by the Petitioner, an open passage has

been created for ingress and egress for the general public between point A and B. The DDA shall ensure that the ingress and egress even at point C

and D is free and is unimpeded. Insofar as the exit points C and D are concerned, it is submitted that there is a small brick wall which has been

erected to ensure that there is no unnecessary interference in the park. The status report which has been filed by DDA has been perused by the

Court and the Court is satisfied that sufficient steps have been taken to ensure that the park is made accessible to the public in general. The small

brick wall at points C and D, can be retained, so long as there is no barbed wire that is installed.

The parties have joined the proceedings along with their counsels today. They submit that they agree not to press the criminal complaints which

have been filed against each other.

Considering that both the criminal complaints which were filed were due to disputes arising between neighbours, and both of them agree not to

press the said complaints, FIR No. 557/2020 is quashed. Insofar as the other criminal complaint filed by the Petitioner is concerned, the same shall be

closed and the said complaint shall be deemed to be withdrawn.

PSI Suman Lata, the IO of this case has appeared and has been apprised of the above order.

The contempt case as well as the writ petition, along with all pending applications are disposed of in the above terms.