O.P. Khullar and Others vs MCD and Others

Rajiv Sahai Endlaw, J.—The Petitioners, being the residents of the colony of Bank Enclave near Laxmi Nagar, Delhi - 110 092 have filed the present petition seeking mandamus against the Respondent No. 1 MCD to remove the gates illegally installed near houses No. 108, 87 & 43 in the said colony. The counsel for the Petitioner in this regard relies on Vasant Kunj Residents Welfare Assoc. and Another Vs. The Lt.Governor of Delhi and Others, , Kailash Chander v. MCD 1975 RLR 12, Shri Ram Lal and another Vs. Shri Dharam Vir, , Shri V.N. Sethi Vs. State and Others, , Revolution (Forum for Awareness) v. Govt. of NCT of Delhi State 2002 VI AD (Delhi) 719, Sundari H. Navani v. MCD 135 (2006) DLT 124 and The Municipal Corporation of Delhi Vs. Hira Lal Tota Ram, .

Notice of the petition was issued. The Respondent No. 1 MCD has filed an affidavit stating that it has no objection in removing of the gates. The counsel for the Respondent No. 3 RWA however on instructions from the office bearers states that the Respondent No. 3 RWA is willing to keep the gates open between 5.00 am (in the morning) to 11.00 pm (in the night).

The aforesaid proposal of the Respondent No. 3 RWA is acceptable to the counsel for the Petitioners who states that if the gates are so kept open, the Petitioners would not insist upon removal thereof.

Binding the Respondent No. 3 RWA whose President i.e. Mr. K.L. Grover, & Secretary i.e. Mr. A.K. Puri are present in Court, the petition is disposed of with the directions to the Respondent No. 3 RWA to keep the aforesaid three gates open from 5.00 am (in the morning) to 11.00 pm (in the night). SHO, Police Station Shakarpur, Delhi (though not a party to this petition) is directed to ensure compliance of the order especially on the complaint of any of the Petitioners or other residents.

The petition is disposed of. No order as to costs.

Dasti under the signatures of court master.