Dr Sanjeev Bagai Vs Municipal Corporation of Delhi & Anr.

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$~7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision:14^th October, 2025

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- W.P.(C) 13241/2025, CM APPL. 54268/2025 & CM APPL. 54269/2025

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DR SANJEEV BAGAI .....Petitioner

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Through: Ms. Anu Monga, Mr. Rahul Goel and Mr. Yash Agarwal, Advs.

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versus

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MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Kapil Dutta and Mr. Siddharth Parashar, Advs. for MCD Mr. Amit Tiwari, CGSC with Ms. Ayushi Srivastava, Mr. Ayush Tanwar, Mr. Arpan Narwal and Mr. Kushagra Malik, Advs. for R-2

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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MINI PUSHKARNA, J. (ORAL):

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The present writ petition has been filed seeking directions for removal/demolition of the iron gate installed at A-1 Street, next to House No. A-1/1 , and St. Dominic’s Church at Poorvi Marg, Block-A, Vasant Vihar, New Delhi-110057, and to declare the same as illegal and unauthorized.

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A Status Report dated 15^th September, 2025 has been filed on behalf of the Municipal Corporation of Delhi (“MCD”), wherein, the following submissions have been made:

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“xxx xxx xxx

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Signature Not Verified

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Page 1 of 8

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Digitally Signed By:HARIOM SHARMA Signing Da te:1 5.10.2025 09:12:21

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Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Da te:1 5.10.2025 09:12:21

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Page 2 of 8

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Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Da te:1 5.10.2025 09:12:21

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Page 3 of 8

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”

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By referring to the aforesaid Status Report, learned counsel appearing for the MCD submits that the installation of the gate in question, is as per the guidelines of the Circular dated 25^th June, 2007 issued with regard to installation of gates and that the said gate has been installed with due permission and after regularization by the MCD.

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He further submits that the field staff of Maintenance Division of the MCD inspected the site and the Residents Welfare Association (“RWA”) of Vasant Vihar had assured that they will operate the gate as per the guidelines/Circular and keep a watch in this regard.

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He further submits that the RWA of Vasant Vihar has clearly stated that the gate in question shall remain closed during the night time from 11:00 PM to 05:00 AM in the morning and shall remain open throughout the day. Further, at the time when the gate is closed, the same shall be duly manned by a guard at night.

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Attention of this Court is drawn to the assurance, as given by the RWA in this regard, which is reproduced as under:

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Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Da te:1 5.10.2025 09:12:21

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Page 4 of 8

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Attention of this Court has also been drawn to the photographs attached with the Status Report, which are reproduced as under:

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Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Da te:1 5.10.2025 09:12:21

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Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Da te:1 5.10.2025 09:12:21

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Page 6 of 8

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Perusal of the aforesaid status Report as well as the photographs shows that it has been undertaken by the Vasant Vihar Welfare Association to follow the guidelines given by the MCD pertaining to installation of gates

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Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Da te:1 5.10.2025 09:12:21

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in colonies.

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At this stage, learned counsel appearing for the petitioner submits that the petitioner is a Doctor and has to visit his patients at unearthly hours. She, thus, submits that the gate in question ought to be manned.

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Accordingly, considering the submissions made before this Court, it is directed that the concerned RWA shall ensure that the gate remains open throughout the day and is closed only for a limited period, from 11:00 PM to 05:00 AM. Further, during the time when the gate in question is closed at night, the same shall be duly manned by a guard.

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In case, the petitioner has an emergency call and finds the gate in question to be closed, information about the same shall be given to the Police Station, Vasant Vihar, on the following phone numbers of the Station House Officer (“SHO”) : +91 7065036221/011-26152577.

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It is further directed that, in case, upon the call of the petitioner, the concerned police official finds the gate to be closed and not manned, the said police official shall have the liberty to break open the lock of the gate. 13. Learned counsel appearing for the petitioner submits that the petitioner be granted liberty to challenge the installation of the gate, in case the same has been installed in violation of the policy of the MCD. In case the petitioner is so aggrieved, he has the liberty to take steps in accordance with law.

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With the aforesaid directions, the present writ petition, along with the pending applications, is disposed of.

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MINI PUSHKARNA, J

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OCTOBER 14, 2025/KR

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Signature Not Verified

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Page 8 of 8

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Digitally Signed By:HARIOM SHARMA Signing Da te:1 5.10.2025 09:12:21

Dr Sanjeev Bagai v. Municipal Corporation of Delhi & Anr.

Case brief

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Dr Sanjeev Bagai v. Municipal Corporation of Delhi & Anr.

Case brief

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