Court observed that counter-affidavit addressed petitioner's grievance regarding weekly bazaar limits and police vigilance; disposed of writ petition.
Granted. Writ petition disposed of as grievance addressed by respondent's affidavit.
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$~42
..... Petitioner
Through: Mr. Aruni Poddar, Adv.
versus
SOUTH DLEHI MUNIPICAL CORPORATION & ORS.
..... Respondents
Through: Mr. Mukesh Gupta, Standing Counsel with Ms. Shashi Gupta and Ms. Nupur, Advs. for SDMC Mr. Anuj Aggarwal, ASC for GNCTD with Ms. Deboshree Mukherjee, Adv. with SI Mr. Rajender Singh, PS Malviya Nagar for R2 &R3
CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO
O R D E R
% 15.02.2018
A short counter-affidavit has been filed by the SDMC, wherein the
SDMC has in paras 5 to 7 stated as under:
“5. That considering the above, so far as it pertains to answering respondent / SDMC, it is submitted that the Weekly Bazaar in question i.e. Thursday Weekly Bazaar at Sheikh Sarai Phase-I is a duly approved / authorised weekly bazaar and is being held on every Thursday. Further as per record the said weekly bazaar is required to operate from Electric Pole No.9 and 10 to Pole No.14, APJ School Road way to Sheikh Sarai Phase-I Road. As per record in the said weekly bazaar approximately 220 to 230 vendors are coming to squat on every Thursday.
6. That further immediately upon receiving the
intimation/present writ petition the concerned field staff of General Branch, South Zone/SDMC has fixed the encroachment removal/ raid programme for 02/11/2017, 09/11/2017, 16/11/2017, 23/11/2017, 07/12/2017, 21/12/2017 and 04.01.2018 vide which upon availability of police force removed the squatters/ vendors exceeded the limits of the bazaar fro Gate No. B-1, B-2, B-11 and B-12 on Road No.1, Sheikh Sarai Phase-I Gate No. M-2. During the said encroachment removal actions the articles of such squatters/ vendors who exceeded the limits of bazaar were also seized. The photographs of the said encroachments removal actions/raid along with the list of seized articles in this regard are annexed herewith as Annexure-A (Colly).
7. That subsequently, after taking the aforesaid encroachment removal action letter bearing No. 1784/AC/SZ/2017 dated 31/10/2017, 1815/AC/SZ/2017 dated 31/11/2017, 2190/AC/SZ/2017 dated 01/12/2017 and 2490/AC/SZ/2017 dated 10/01/2018 have also been sent to concerned Deputy Commissioner of Police, Hauz Khas for watch and ward with the request to ensure that the removed encroachers will not re-occupy the space beyond the bazaar limits. The copy of the same are annexed herewith as AnnexureB (Colly). ”
Mr. Aruni Poddar, learned counsel for the petitioner states, the contents of paras 5 to 7 of the short counter-affidavit satisfies the grievance of the petitioner. According to him, the respondents 1 to 3 must ensure, the weekly bazaar is held as stated in para 5 above. He has also drawn my attention to the letter dated January 01, 2018 of the Assistant Commissioner, South Zone, SDMC addressed to the Deputy Commissioner of Police, South District-Hauz Khas, New Delhi, a copy of which was sent to the SHO Police
Station Malviya Nagar, New Delhi, wherein it is stated that the concerned Police Station must keep a strict vigil in the area and to ensure space beyond the bazar limits is not reoccupied by the encroachers.
Mr. Anuj Aggarwal, learned ASC appearing for the SHO / respondent
No.3 on instructions from Mr. Rajender Singh SI states, strict vigil shall be kept in the area to ensure that the encroachers do not reoccupy the space beyond bazar limit on Thursday’s when the weekly market is held.
Mr. Aruni Poddar, states the writ petition be disposed of. Ordered accordingly.
CM Nos. 24432/2017
In view of the order passed in the writ petition the application has become infructuous.
V. KAMESWAR RAO, J
FEBRUARY 15, 2018 /aky
TRIVENI APARTMENTS WELFARE ASSOCIATION
SOUTH DELHI MUNICIPAL CORPORATION
GENERAL ADMINISTRATION DEPTT, GNCTD
STATE OF RAJASTHAN
V. KAMESWAR RAO
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
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