Disposed

Uttam Kumar & Ors. v. South Delhi Municipal Corporation & Ors.

Delhi HC16 Apr 2024W.P.(C)/7059/2022

Case brief

AI extract

What is this about?

The petitioners sought restraining orders against interference with their weekly market. The court noted the MCD's undertaking to fix sign boards and the RWA's assurance that the gate would remain open. The petition was disposed of by directing the MCD to fix sign boards.

What did the court decide?

Directed the MCD to fix sign boards to clearly demarcate the stretch of land on which the weekly market can be held.

Uttam Kumar & Ors. Vs South Delhi Municipal… — Municipal and Town Planning | Delhi HC (2024)

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$~22

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 7059/2022

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UTTAM KUMAR & ORS. ..... Petitioners

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Through: Mr. Harsh Sharma and Mr. S. Diwedi, Advocates

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versus

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SOUTH DELHI MUNICIPAL CORPORATION & ORS.

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..... Respondents

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Through: Ms. Sangeeta Chandra, Standing Counsel for MCD Ms. Sweety Singh, Advocate for R-2

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CORAM:

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HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU

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O R D E R

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% 16.04.2024

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None appears for the respondent no. 3 to 6, office bearers of RWA’s despite service.

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The petitioners have filed the present petition inter alia praying as under:

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“1. issue an appropriate writ, order or direction to respondent no. 1 to 6 restraining them from interfering in running market of “Wednesday market”/”Budh Bajar” at 40 ft. road (chinmaya Scholl to water Tank), CPWD Colony, Vasant Vihar, New Delhi.”

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The petitioners’ grievance essentially relates to the gate that has been

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fixed by the Resident Welfare Association of the CPWD Colony, Vasant Vihar. The petitioners claim that they are holding a weekly market in Budh Bazaar on a stretch of a road as demarcated by the Municipal Corporation of Delhi. However, the said stretch is marked by two sign boards fixed by the MCD. They allege that members of the RWA had removed the sign boards

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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 22/04/2024 at 13:56:45

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and had installed a gate, which impedes their access to a part of the stretch of road on which Budh Bazaar market is held. It is also claimed that the said gate has been put without the requisite permission.

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The MCD has filed an affidavit affirming that the gate in question has been installed “on an MCD thoroughfare being Rebu Saxena Marg” and the Rebu Saxena Marg is maintained and comes under the jurisdiction of the MCD. The other respondents have not contested the said affidavit.

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Learned counsel appearing for the petitioners submits that the petitioners will be satisfied if the MCD is directed to put back the boards to mark the stretch on which permission has been granted to hold the weekly market.

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The learned counsel appearing for the MCD submits that there is no difficulty in doing so and will fix two sign boards to clearly demarcate the stretch of land on which the weekly market can be held. She also states that petitioners’ grievance regarding the gate is resolved as the RWA has informed the MCD that the gate will remain open.

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In view of the above, we dispose of the present petition by directing the MCD to fix sign boards as stated above.

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The petition is disposed of in the aforesaid terms.

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VIBHU BAKHRU, J

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TARA VITASTA GANJU, J

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APRIL 16, 2024 g.joshi

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Click here to check corrigendum, if any

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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 22/04/2024 at 13:56:45

Uttam Kumar & Ors. v. South Delhi Municipal Corporation & Ors.

Case brief

What is this about?

What did the court decide?

Uttam Kumar & Ors. v. South Delhi Municipal Corporation & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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