Disposed

Mohd Arslan v. Govt of NCT of Delhi & Ors.

Delhi HC10 Apr 2024W.P.(C)/5986/2022

Case brief

AI extract

What is this about?

This order closes a writ petition seeking removal of encroachments from parks around Jama Masjid, Delhi. The court noted the MCD had partially taken possession. Petition pending Supreme Court direction on DUSIB shelters.

What did the court decide?

Petition closed; liberty granted to seek revival or file separate petition upon Supreme Court vacating/modifying its order dated 28.03.2023.

Mohd Arslan Vs Govt of NCT of Delhi & Ors. — Constitutional and Fundamental Rights | Delhi HC (2024)

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$~20

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 5986/2022

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MOHD ARSLAN ..... Petitioner Through: Mr.Mutiur Rehman with Ms.Shaheen, Advocates.

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versus

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GOVT OF NCT OF DELHI & ORS. ..... Respondents

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Through: Ms.Jyoti Dutt Sharma with Mr.Ayush Bhatt, Mr.Harsh Rao and Mr.Angad Gautam, Advocates for R-2/MCD. Ms.Farhat Jahan Rehmani, ASC with Mr.Faheem Ahmed Khan, Advocates for R-4. Mr.Parvinder Chauhan, Advocate for DUSIB.

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CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

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O R D E R

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% 10.04.2024

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Present writ petition has been filed primarily to remove all illegal and unauthorized encroachments from all the parks abutting Jama Masjid, Delhi. 2. Learned counsel for MCD has handed over a status report dated 08^th April, 2024. The same is taken on record.

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Admittedly, after filing of the present writ petition, the Municipal Corporation of Delhi (MCD) has taken over possession of North and South Parks abutting Jama Masjid.

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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 15/04/2024 at 12:48:27

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Learned counsel for respondent no.2-MCD states that possession of some part of the Urdu Park could not be taken over as there is a Rainbasera for women and children situated therein.

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Mr.Parvinder Chauhan, learned counsel for DUSIB states that the Supreme Court vide its order dated 28^th March, 2023 in W.P.(C) No.55/2003 has directed respondents not to demolish any shelter setup by DUSIB without taking leave of the Supreme Court.

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Keeping in view the aforesaid, present writ petition is closed. However, the petitioner is given liberty to seek revival of the present writ petition or to file a separate writ petition after the Supreme Court either vacates or modifies its order dated 28^th March, 2023.

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ACTING CHIEF JUSTICE

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MANMEET PRITAM SINGH ARORA, J

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APRIL 10, 2024 KA

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This is a digitally signed order.

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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 15/04/2024 at 12:48:27

Mohd Arslan v. Govt of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Mohd Arslan v. Govt of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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