Delhi High Court - Orders
Suraj Prakash Alwadhi vs Yogesh Juneja on 21 October, 2020
Author: Najmi Waziri
Bench: Najmi Waziri
$~19 & 20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 627/2020 & CM APPL. 25738/2020
SURAJ PRAKASH ALWADHI ..... Petitioner
Through: Mr. Shobhit Sharma, Advocate.
versus
YOGESH JUNEJA .....Respondent
Through: Mr. M.A. Niyazi, Advocate.
+ CM APPL. 21194/2020, CM APPL. 23491/2020 in W.P.(C)
5482/2020
SHRI SURAJ PRAKASH ALWADHI ..... Petitioner
Through: Mr. Shobhit Sharma, Ms. Manjula Gandhi
and Mr. S.K. Gandhi, Advocates.
versus
STATE (NCT OF DELHI) & ORS. .....Respondents
Through: Mr. Jamal Akhtar, Advocate for GNCTD for
R-1 and R-3.
Ms. Mansi Gupta, Standing Counsel for
R-2.
Mr. M.A. Niyazi, Advocate for
R-4/applicant in C.M. No. 23491/2020.
Mr. Sanjeev Kumar, Advocate for applicant
in CM APPL. 26960/2020.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 21.10.2020 The hearing was conducted through video conferencing. CM APPL. 23491/2020 in W.P.(C) 5482/2020
1. R-4 had installed a boom-barrier on Road No. 27, at the mouth of entrance into the colony‟ like the other RWAs in the adjacent streets. The petitioners boom-barrier has been removed by the Corporation, while those of the adjacent RWAs continue to operate unhindered.
2. By order dated 22.09.2020, the Court had directed inter alia as under:
"(...)
1. It is submitted by the learned counsel for the applicant/R-4 that the boom-barrier installed by it is sought to be removed by the Corporation. The application shows photographs of similar automatic boom-barriers have been installed at other adjacent colony gates as well. It is alleged that the Corporation is applying a "pick and choose" policy and is singling out only the applicant/R-4.
2. The learned Standing Counsel for the Corporation, seeks and is granted time to file an affidavit in this regard. In the interim, the Corporation will restrain itself from taking any precipitate action against the applicant/R-4. She assures the Court that the Corporation is bound to treat all similarly situated in the same manner, that if any action is initiated against all the other persons as well.
3. She states that the applicant/R-4 has not yet moved any application for installation/regularization of the colony gate installed at the mouth of the road. This is refuted by the learned counsel for the applicant/R-4. He submits that the requisite application has already been filed. Let a copy of the same be supplied to the learned Standing Counsel for the Corporation within two days. However, if there has been a default let it be filed within a week, with a copy of the same to the learned Standing Counsel for the Corporation.
4. The petitioner states that this Court's order dated 24.08.2020 has not been duly complied i.c the colony gate remains closed most of the time. However, this allegation is disputed by the learned counsel for the applicant/R-4. Let affidavits in this regard be filed by the parties. (...)"
3. Ms. Gupta, the learned counsel for the North Delhi Municipal Corporation („NDMC‟) states, upon instructions, that simultaneous with the removal of the boom barrier installed by R-4, similar boom- barriers have also been removed apropos three adjacent RWAs. It is not in dispute that each of the barriers were installed without prior permission from the Corporation.
4. The Court is informed that each of the RWAs is in the process of getting the gate regularized. The learned counsel for the Corporation has no information if similar applications have been moved by the equally placed RWAs in the adjoining streets.
5. Mr. Niyazi, the learned counsel for R-4 RWA, submits that the boom barriers apropos the adjoining RWAs have not been removed - in particular at Street Nos. 7, 18, 29 and 30, in East Punjabi Bagh. He further submits that more than 700 boom barriers exist under the jurisdiction of the NDMC and if the RWAs in this area are specifically singled out, the Corporation‟s action could be termed as patently arbitrary. R-4 seeks equal treatment with the other RWAs. Mr Niyazi clarifies that R-4 is not seeking removal of the boom barriers, but they only request to equally i.e. if other RWs can retain their boom-barriers then R-4 too should be blessed with the same relief and facility, at least till such time that a policy decision in this regard is taken for removal of all boom-barriers. The learned counsel emphasizes that, the boom-barriers, are for the safety and security of the residents, especially in these constrained pandemic times when each person wants the least interaction with visitors and/or strangers in their homes or neighbourhood.
6. Photographs of all the boom barriers installed by the parallel RWAs shall be filed along with an affidavit of the Corporation in four weeks.
7. The learned counsel from R-4 submits that the process of obtaining a NOC from the Traffic Police is underway.
8. List on 16.03.2021.
CM APPL. 26960/2020 (impleadment) in W.P.(C) 5482/2020
9. This application seeks impleadment of a person who does not live in the colony and is not a part of R-4/the RWA in question. He uses the street as a thoroughfare to access his residence in Karampura. The road has not been determined as thoroughfare by the Corporation; it is a part of East Punjabi Bagh, a colony developed as per a sanctioned Layout Plan. The residents assert their to seek installation of gates as per the extant policy of the Corporation and to secure their colony from the persons who have no business in their area. Surely, they would have objection to the colony roads being used as thoroughfare. The applicant can easily access his residence through the arterial road which is a detour of only 100 to 200 metres.
10.In view of the above, the application is dismissed. CM APPL. 21194/2020 in W.P.(C) 5482/2020
11.Reply is yet to be filed. Let the same be filed within four weeks. Rejoinder, if any, be filed before the next date. CONT.CAS(C) 627/2020
12.Mr. Shobhit Sharma submits that Mr. Duggal, the learned arguing counsel for the petitioner, is unable to connect due to technical issues.
13. At request, renotify on 16.03.2021 along with W.P. (C) 5482/2020.
14. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through e-mail.
NAJMI WAZIRI, J OCTOBER 21, 2020 RW