Delhi High Court - Orders
Gurina Bajaj vs Shri Ashwani Kumar The Commissioner Of ... on 26 May, 2025
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 672/2025
GURINA BAJAJ .....Petitioner
Through: Mr. Abhimanyu Bhandari, Sr. Adv.
with Mr. Raghuveer Kapur and Mr.
Sagar Aggarwal, Advs.
versus
SHRI ASHWANI KUMAR THE COMMISSIONER OF
MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondent
Through: Mr. Ashutosh Gupta, ASC for MCD
with Mr. Arman Monga, Adv.
Mr. Cheitanya Madan, Mr. Shashi
Kant, Mr. Sahil Kiroriwal and Mr.
Vikram Singh Nanyal, Advs. for R-2.
Mr. Madhu Sudan, Mr. Ankit Kakkar,
Mr. Vikhyat Oberoi, Ms. Shreya
Vedantika Mehra, Mr. Shivam
Prakash, Ms. Sazal Haroom, Mr. Ravi
Sharma and Ms. Nishita Gupta, Advs.
for R-3.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 26.05.2025 [Hearing has been conducted through Video Conferencing]
1. Pursuant to previous order, status report has been filed by the MCD stating that the overbridge, which has been constructed between the property of respondent Nos. 2 and 3, has now been demolished.
2. The Court has taken note of the photographs which have been filed as part of the status report.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 21:13:22
3. It is further noted that letter dated 14th May 2025 has also been sent to the SHO, PS Hari Nagar, for keeping watch and ward in regard to this issue, to ensure that no further unauthorized activity is carried out.
4. Mr. Abhimanyu Bhandari, Senior Counsel, appears on behalf of the petitioner and states, as per the instructions, they have now put a wooden plank across in the space where the overbridge earlier existed.
5. Executive Engineer, personally, along with SHO is directed to inspect the area within the next 2 days and in case of any infraction of orders passed by this Court, steps shall be taken by MCD.
6. If it is found that any structure has been restored or re-erected, the same shall be demolished after taking photographs of what has been purportedly restored.
7. Considering this concerns bizarre and abhorrent act by the respondent of constructing a private overbridge over a public road, the Executive Engineer will file a detailed report under his own signatures as to the sequence of events relating to the construction of this overbridge and why the same was not brought to the notice of the authorities and why action was not taken, before the matter had to be addressed by this Court.
8. The said affidavit by the Executive Engineer will be filed within the next 8 weeks, with full details of the information received by him or his Department in this regard.
9. The Court is inclined to further investigate this issue in respect of this unauthorized construction, and assess the responsibility of the concerned officers, as well as the private parties in this regard.
10. Counsel for respondent no.2 states that they are giving their undertaking that they have not constructed the said overbridge and also agreed This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 21:13:22 that it should be demolished. The same has been recorded in the previous orders.
11. Counsel for the MCD will make sure that the order is communicated to the SHO as well as the Executive Engineer within the next two days.
12. List on 17th September 2025.
13. Order be uploaded on the website of this Court.
ANISH DAYAL, J MAY 26, 2025/MK/bp This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 21:13:22