Resident Welfare Association ... vs Govt. Of Nct Of Delhi & Ors on 22 December, 2020

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Delhi High Court - Orders

Resident Welfare Association ... vs Govt. Of Nct Of Delhi & Ors on 22 December, 2020

Bench: Najmi Waziri

                              $~34
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +      W.P.(C) 10884/2020 & CM APPL. 34116/2020
                                     RESIDENT WELFARE ASSOCIATION NIZAMUDDIN WEST
                                     (REGD.)                                           ..... Petitioner
                                                        Through:     Mr. Aditya Raj, Advocate.

                                                        versus

                                     GOVT. OF NCT OF DELHI & ORS.                      ..... Respondents

                                                        Through:     Mr. Mohit Agarwal, Advocate for R-1
                                                                     and R-4.
                                                                     Ms. Richa Dhawan, SC for SDMC.

                                     CORAM:
                                     HON'BLE MR. JUSTICE NAJMI WAZIRI
                                                  ORDER

% 22.12.2020 The hearing was conducted through video conferencing. CM APPL. 34117/2020 (exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed-off. W.P.(C) 10884/2020 & CM APPL. 34116/2020

3. Maintenance of parks in residential colonies is the duty of the Municipal Corporation. Since there was default by the corporation in this regard, the petitioner and the residents developed and have started maintaining the various parks dotting the colony for many years. Now the Corporation has started some construction in one such park maintained by the residents. Despite repeated requests, Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:23.12.2020 13:07:36 the Corporation has not shown any work order.

4. The learned Standing Counsel for the Corporation submits that a gazebo is being set up under directions of the learned NGT and the construction is almost complete.

5. The photographs of the construction annexed to the petition are as under:

Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:23.12.2020 13:07:36

6. However, the petitioner questions the very prudence of setting up a gazebo in a tiny neighbourhood park where the residents would rather continue to enjoy the unobstructed view of a green area outside their homes, without it being marred by a concrete structure. They do not want the gazebo in their park. In fairness, the Corporation should have sought their views and preference, as it is ostensibly for their benefit. Their easement right is sought to be hindered by the said construction. Whether the said park has been identified as the one where a gazebo is to be set up is not clear.

7. Issue notice. The learned counsel named above accept notice on behalf of R-1 to R-4.

8. Notice be issued to the remaining respondent through approved courier, Speed Post, WhatsApp, e-mail and such other viable electronic modes, through counsel as well, returnable before the next date.

9. It is expected that till the next date, the Corporation will not take any further precipitate measures.

10.List on 17.05.2021.

11.The order be uploaded on the website forthwith.

NAJMI WAZIRI, J DECEMBER 22, 2020/AB Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:23.12.2020 13:07:36

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Delhi High Court - Orders