Disposed

Kucha Natwa Resident Vikas Association (Regd.) and Ors. v. North Delhi Municipal Corporation

Delhi HC25 Jan 2024W.P.(C)/1847/2020

Case brief

AI extract

What is this about?

Petitioners challenged the allotment of Tehbazari sites alleging road obstruction. The Court prima facie rejected this, permitted representations on site feasibility, and disposed of the petition and pending applications with liberty to represent.

What did the court decide?

Disposed granting liberty to make representations for considering feasibility of reallocating sites.

Kucha Natwa Resident Vikas Association (Regd.) and Ors. Vs… — Property and Title | Delhi HC (2024)

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$~17

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 1847/2020 CM APPL. 6497/2020

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CM APPL. 50550/2022

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KUCHA NATWA RESIDENT VIKAS ASSOCIATION (REGD.) AND ORS. ..... Petitioners Through: Mr.Ankit Jain, Ms.Apurva Tyagi, Mr.Aditya Chauahn and Ms.Tanisha Gopal, Advocates.

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versus
NORTH DELHI MUNICIPAL	CORPORATION ..... R	espondent
Through:	Ms.Jyoti Taneja and	Ms.Sakshi
	Arora, Advocates for R1.
	Mr.Kamlesh Kumar	Mishra,
	Mr.Bhibhuti Bhushan	Mishra,
	Mr.Dipak Raj, Mr.Anjani	Kr Mishra
	Mr.Kailash Kumar Jha,	Mr.Nitin
	Kumar Nayak and Ms	.Sarmishti,
	Advocates for R2 to R8.

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CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU O R D E R

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% 25.01.2024

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The petitioners, claiming to be the association of the residents of Kucha Natwa, Chandni Chowk, Delhi – 110006, have filed the present petition impugning the order dated 06.12.2019 passed by the Municipal Corporation of Delhi (formerly known as North Delhi Municipal Corporation of Delhi).

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In terms of the said order dated 06.12.2019, the Municipal Corporation of Delhi had approved the reallocation / shifting of Tehbazari/kiosks as set out in the said order. All 14 Tehbazari holders, including the 7 Tehbazari holders arrayed as respondents No.2 to 8, were allocated different sites at Kucha Natwa, Chandni Chowk, Delhi. The

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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 15/06/2024 at 11:58:55

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petitioners are essentially aggrieved by the allocation of the 7 sites at Kucha Natwa, Chandni Chowk, Delhi.

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It is contended on behalf of the petitioners that the area where the sites are reallocated are narrow and cannot accommodate any Tehbazari holder. The petitioners have also produced the site plan, which indicates the proposed sites at Main Kucha Natwa Market Road. According to the petitioners, the said road is very narrow and any further allotment on the said road would make it impossible even for emergency vehicles to access the residents of the area.

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Prima facie, we are unable to accept this contention. The site plan clearly indicates that the site is located between the two sets of stalls on the same road. Therefore, the contention that it would further narrow the main Kucha Natwa Market Road, is not persuasive. The stretch of the said road is narrower than what would remain after the allocation of the sites. 5. At this stage, the learned counsel for petitioners submit they may be permitted to make representations to the Municipal Corporation of Delhi. 6. In view of above, the present petition stands disposed of by granting liberty to the petitioners to make representations to the Municipal Corporation of Delhi for considering the feasibility of reallocating at the more appropriate site, if otherwise available. Pending applications also stands disposed of.

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VIBHU BAKHRU, J

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TARA VITASTA GANJU, J

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JANUARY 25, 2024 M

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Click here to check corrigendum, if any

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Kucha Natwa Resident Vikas Association (Regd.) and Ors. v. North Delhi Municipal Corporation

Case brief

What is this about?

What did the court decide?

Kucha Natwa Resident Vikas Association (Regd.) and Ors. v. North Delhi Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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