Deepak Kapoor Vs Municipal Corporation of Delhi through Its Commissioner, Sh. Sanjay Goel & Anr.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

CONT.CAS(C) 1832/2023 & CM APPL. 63908/2023 DEEPAK KAPOOR .....Petitioner Through: Mr. Ishan Sanghi and Ms. Poorvashi Kalra, Advs. M: 9999712309 Email: [email protected] versus

MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMISSIONER, SH. SANJAY GOEL & ANR. .....Respondents Through: Mrs. Gouri Karuna Das Mohanti, Mr. Suraj Kumar Singh and Mr. Kamal Kant Tripathi, Advs. for MCD M: 7379541624 + W.P.(C) 7930/2019, CM APPL. 32893/2019 & CM APPL. 21616/2020 DEEPAK KAPOOR .....Petitioner Through: Mr. Ishan Sanghi and Ms. Poorvashi Kalra, Advs. M: 9999712309 Email: [email protected] versus

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NORTH MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mrs. Gouri Karuna Das Mohanti, Mr. Suraj Kumar Singh and Mr. Kamal Kant Tripathi, Advs. for MCD M: 7379541624

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R

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% 17.03.2025

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The present writ petition has been filed seeking to quash the

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CONT.CAS(C) 1832/2023 & W.P.(C) 7930/2019

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Page 1 of 5

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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 19/03/2025 at 12:14:47

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permission dated 16^th July, 2019, granted for setting up/erection of structures on the land in question.

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This Court notes that vide order dated 16^th July, 2019, permission had been granted for installation of ‘Kawar Shivar’ in public park, near Pulbangash, Nawab Ganj, behind Prachin Hanuman Mandir, Shiv Shakti Mandir, Delhi -110006 . The letter dated 16^th July, 2019, reads as under:

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CONT.CAS(C) 1832/2023 & W.P.(C) 7930/2019

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Page 2 of 5

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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 19/03/2025 at 12:14:47

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Per contra, learned counsel appearing on behalf of Municipal Corporation of Delhi (“MCD”) submits that the area in question was initially a park. However, after the construction of a flyover, i.e., Rani Jhansi Flyover, the said park is now a vacant land under the flyover. She has drawn the attention of this Court to the Status Report dated 12^th October, 2020, filed on behalf of MCD, wherein, it has been stated as follows:

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“xxx xxx xxx

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9. That the area along the boundary wall has been and will be available for greenery even after the proposed tiling work. Horticulture Department, North DMC has again planted several shrubs/ trees in the said area for maintaining greenery. Photographs, in this regard, are appended herewith as Annexure R-1 Colly.

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10. That it is submitted that North DMC is committed to preserving greenery and maintaining it and the contention of petitioner that the only park in the entire area is being converted into parking, is steading and contrary to the facts. That numerous parks with plantations/ greenery have been developed under the entire stretch of Flyover for the general public. Further, North DMC has developed an area of about 7000 sqm into a fully developed park at BarafKhanaChowk which is about 200-250 m away from the subject Park. In addition, various green stretches in about 10,350.00 sqm area have been developed as Park/ Green on the land pieces which were also reclaimed during the construction of flyover project.

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xxx xxx xxx”

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Attention of this Court has also been drawn to the photographs of the greenery being maintained in the vacant land under the flyover. The relevant photographs on record, showing the status of the area in question, which is the subject matter of the writ petition, is reproduced as under:

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CONT.CAS(C) 1832/2023 & W.P.(C) 7930/2019

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Page 3 of 5

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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 19/03/2025 at 12:14:47

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Learned counsel appearing for the respondent MCD has handed over a copy of the Status Report, to submit that the area in question has been transferred by the MCD to the Public Works Department (“PWD”) on 23^rd February, 2023. Thus, the vacant land under Rani Jhansi Flyover is no

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CONT.CAS(C) 1832/2023 & W.P.(C) 7930/2019

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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.

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Page 4 of 5

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The Order is downloaded from the DHC Server on 19/03/2025 at 12:14:47

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longer under the MCD.

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The said Status Report, which has been handed over on behalf of MCD, is taken on record.

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Learned counsel appearing for the MCD further submits that in view of the fact that the area already stands transferred to PWD, there is no proposal of the MCD for using the land in question under the Rani Jhansi Flyover, for any commercial purpose.

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The aforesaid submissions made on behalf of the respondent MCD, are taken on record. 9. Accordingly, considering the fact that as on today, there is no temporary structure over the land in question with respect to any ‘Kawar Shivar’, which was the main grievance on the basis of which, the present petition was filed, this Court is of the view that the prayers sought by the petitioner in the present petitions, stand satisfied.

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In case the petitioner is aggrieved by any future activity, which may be carried out by any authority in an unauthorized manner, the petitioner has the liberty to approach the Court, in accordance with law.

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Accordingly, the present petitions, along with the pending applications, stand disposed of.

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MINI PUSHKARNA, J

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MARCH 17, 2025/kr

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CONT.CAS(C) 1832/2023 & W.P.(C) 7930/2019

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Page 5 of 5

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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 19/03/2025 at 12:14:47

Deepak Kapoor v. Municipal Corporation of Delhi through Its Commissioner, Sh. Sanjay Goel & Anr.

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Deepak Kapoor v. Municipal Corporation of Delhi through Its Commissioner, Sh. Sanjay Goel & Anr.

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