Delhi High Court - Orders
Unique Resident Welfare Association ... vs Govt Of Nct Of Delhi & Ors on 19 December, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10392/2022
UNIQUE RESIDENT WELFARE ASSOCIATION
GKE-II ..... Petitioner
Through: Mr. Amit Gupta, Mr. Harsanan
Mahapatra & Mr. Shiv Verma, Advs.
(M: 8302952532)
versus
GOVT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Arun Panwal, Adv. for R1 to R3
Mr. Vikhyat Oberoi, & Ms. Jagriti
Pandey, Advs. for R4.
Mr. Hari Bhallabh, AE, PWD in
person.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 19.12.2022
1. This hearing has been done through hybrid mode.
2. This is a writ petition, which involves a dispute between two Resident Welfare Associations (RWA). The Petitioner- Unique Resident Welfare Association GKE-II is a Residents Welfare Association (hereinafter 'RWA') consisting of residents of GK Enclave II and Respondent No.4- Masjid Moth (E - Block) Resident's Welfare Association is an RWA of residents of E- Block, GK-III. It has been submitted by the parties that both the colonies represented by the RWAs are adjacent to each other.
3. The dispute is in respect of access to the colonies as also ingress and egress of the residents and visitors to the area. One proceeding is stated to be pending before the ld. Civil Court, Saket, New Delhi, which is a Civil Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:21.12.2022 15:40:37 suit numbered CS SCJ/851/2022 filed by Respondent No.4 herein against the President of the Petitioner RWA. In the said suit, an ad-interim injunction vide order dated 9th June, 2022 is stated to be operating. The relevant extract of the ad-interim injunction order issued by the ld. Civil Judge is as follows:
"Ld. Counsel for the plaintiff submitted that there is imminent threat to the residents of G. K. III, since the defendants are in the process of breaking iron bars from the boundary wall which separates the outer ring road from their colony, without any permission from the Public Works Department. Per contra, Ld. Counsel for the defendant asserted that the defendants have already sought permission from the PWD for opening the Gate next to Vikram Taxi stand in place of the boundary wall. He has placed on record the photocopy of the letter issued by the Assistant Engineer, PWD addressed to the Executive Engineer, PWD in support of the same. However, upon inquiry by the court as to the proper permission document, he states that he needs some time to bring the same on record.
Therefore, in the interest of justice and to balance the rights of both the parties, I deem it fit to direct as follows:"The defendants are restrained from removing the boundary wall/the iron railing of the boundary wall which separates the plaintiffs colony from the outer ring road, Delhi till the NDOH."
4. In the present petition, the grievance of the Petitioner is in respect of a particular gate, which has been installed by Respondent No.4 RWA, which the Petitioner claims is limiting the access to the colony in respect of GKE-II residents.
5. After having perused the map of the area, it is deemed appropriate to Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:21.12.2022 15:40:37 direct the concerned SHO PS CR Park to meet the representatives of both the RWAs in the presence of PWD officials so as to arrive at a consensus as to the manner in which the ingress and egress of the residents is to be permitted. The concerned SHO would be free to speak to members of both the RWAs and residents of the two colonies as also consider the installation/monitoring of gates, which would be regulating the access to the residents of the two areas so that the safety and security of the areas is preserved in both the colonies.
6. The settlement, which would be effected between both the associations with the intervention of the SHO and PWD shall be comprehensive in respect of the suit pending before the Saket Court as also the present writ petition so that both the associations are satisfied in the manner in which the colonies need to be accessed and gates etc. shall be supervised/monitored.
7. Let the minutes of the said meeting as also the settlement be brought on record by Mr. Tripathi, ld. Standing Counsel (Civil)- GNCTD. The SHO shall call the meeting of all concerned parties on 7th January, 2023 at 11:00 am and if required convene further meetings for resolving the issues of the residents and RWAs.
8. The petition, along with all pending applications, is disposed of in the above terms.
9. Dasti.
PRATHIBA M. SINGH, J.
DECEMBER 19, 2022/dk/am Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:21.12.2022 15:40:37