Hotel sought removal of dumped garbage, illegally parked vehicles from its premises and reopening of an iron gate blocking a municipal road connecting Shanti Van Road to the 40 feet road. For the first prayer liberty was granted to pursue remedies in law; MCD was directed to reopen the gate within three days. Petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~113
Through: Mr. Manish Sharma and Mr. Ninad Dogra, Advocates.
versus
GOVT. OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Mohit Bhardwaj, Advocate for R- 1. Mr. Abhinav Sharma, Addtional Standing Counsel for MCD. SI Priyank Rana, PS Daryaganj.
CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R % 21.05.2024
(b) In the nature of mandamus directing the respondents to open the iron gate shown as Mark C of street illegally closed in front of the above premises of petitioner which is connecting to the main road.
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 27/05/2024 at 12:59:08
belonging to the Petitioner. When this Court suggested to the learned Counsel for the Petitioner that the remedy of the Petitioner for prayer (a) lies in filing a suit for injunction after proving its title, the learned Counsel for the Petitioner seeks liberty to take appropriate steps as available to the Petitioner in accordance with law. Liberty is granted.
SUBRAMONIUM PRASAD, J
MAY 21, 2024 S. Zakir
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 27/05/2024 at 12:59:08
2 issues framed by the court
Whether MCD should remove parked vehicles and garbage from the petitioner's private space.
Whether a gate illegally closed on a municipal road connecting Shanti Van Road to the 40 feet road should be reopened.
Colour shows how this judgement treated each authority
Eden Castle School and Anr. vs. Govt. of NCT of Delhi and OrsRelied on¶4
W.P.(C) 17773/2022
Tara Palace Hotel
Govt. of NCT of Delhi
MCD
Subramonium Prasad
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.
Judgements on the same questions, provisions and authorities, from every court
