Disposed

Manish Kumar & Ors. v. Govt. of National Capital Territory of Delhi & Ors.

Delhi HC17 Mar 2026W.P.(C)/3347/2026

Case brief

AI extract

What is this about?

Petition sought removal of an iron gate, barricade, chains and hut allegedly encroaching on public land at Ramesh Park, Laxmi Nagar. The Court held the grievance concerns public nuisance and directed petitioners to approach the District Magistrate under Section 152 BNSS, disposing the writ with liberty to seek further legal recourse.

What the court decided

AI extract

Manish Kumar & Ors. Vs Govt. of National Capital Territory of Delhi & Ors. — Delhi HC (2026) — LawSathi Research

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$~107

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 3347/2026 and CM APPL. 16144/2026

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MANISH KUMAR & ORS. .....Petitioners

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Through: Mr. Rajjesh K Singh, Vishal Sharma and Mr. Varun Thakur Advocates.

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versus

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GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI & ORS. .....Respondents

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Through: Mr. Nitin Kumar, GNCTD Panel Counsel (Civil) for R-1. Mr. Madhav Krishna Dubey, Sr. Panel Counsel for R-3 and 5.

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CORAM:

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HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 17.03.2026

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The present petition seeks the removal of a purportedly illegal iron gate, barricade and other hurdles like chains as well as small hut which was constructed/installed after the purported encroachment on public land/road which is commonly used by the residents of the vicinity of Ramesh Park, Laxmi Nagar, Delhi.

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The submissions made in the petition are strongly opposed by learned counsel who appears for respondent no.4. He submits that the entire petition is bereft of merit.

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The Court, however, finds that if the petitioners have any grievance,

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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 20/03/2026 at 13:30:24

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they have remedy under Section 152 of the Bharatiya Nagrika Suraksha Sanhita, 2023 (‘ BNSS’ ) to approach the jurisdictional District Magistrate.

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Prima facie, the allegation relates to public nuisance. This Court in the case of Nilabh Sharma v. MCD and Anr.¹ , has taken the similar position. The relevant portion of the decision is extracted below, for reference:

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“14. It is thus discernible from the aforesaid discussion that the concerned magistrate under Section 152 of BNSS, 2023 has the power to remove public nuisance in circumstances which warrant exercise of such powers. Therefore, in the instant case, the petitioner can duly approach the magistrate to ventilate his grievance rather than directly invoking writ jurisdiction under Article 226 of the Constitution of India.”

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For all the aforesaid reasons, instant petition stands disposed. However, liberty is granted to the petitioner to approach the concerned District Magistrate under Section 152 of the BNSS. If the petitioners do so, let their complaint be dealt with in accordance with law after extending the opportunity of hearing to all the concerned stakeholders with due expedition.

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If the petitioners grievance is not fully mitigated, they shall be at liberty to take appropriate recourse in accordance with law.

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PURUSHAINDRA KUMAR KAURAV, J

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MARCH 17, 2026 aks

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1 Order Dt. 20.08.2024 in W.P. (C) 11400/2024

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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 20/03/2026 at 13:30:24

Manish Kumar & Ors. v. Govt. of National Capital Territory of Delhi & Ors.

Case brief

What is this about?

What the court decided

Manish Kumar & Ors. v. Govt. of National Capital Territory of Delhi & Ors.

Case brief

What is this about?

What the court decided

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