Disposed¶26

Md. Ataur Rehaman v. DDA & Anr.

Delhi HC8 Apr 2026W.P.(C)/6508/2020

Case brief

AI extract

What is this about?

W.P.(C) 6508/2020 (CM APPL. 22818/2020, 22819/2020, 24578/2020, 43293/2025, 43294/2025); MD. ATAUR REHAMAN v. DDA & ANR.; Shastri Park Delhi-110053 concrete wall Street No. 1 to Street No. 18; gate 20-25 feet wide emergency access fire brigade ambulance; Article 226 Constitution of India; DDA respondent No. 1 best and competent authority; decision within four weeks; MCD garbage removal; open dustbins not permitted; three-monthly status reports to counsel; Jasmeet Singh J; disposed 08.04.2026.

What did the court decide?

Petition disposed of with directions: respondent No. 1 (DDA) to take an overall view on whether a gate is required, keeping the safety of residents in mind, and decide expeditiously within four weeks; MCD to remove the garbage, not permit open dustbins, and file status reports every three months to counsel. ¶26

Md. Ataur Rehaman Vs DDA & Anr. — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

¶26

Issue for consideration

Whether the respondents should be directed to stop construction of the concrete wall from Street No. 1 to Street No. 18, Shastri Park, Delhi-110053, and to leave a 20 to 25 feet wide gate therein for entry and exit in emergencies such as fire. +1 more

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Court's answer

The Court holds it does not have the expertise or knowledge to decide whether a gate is required, and respondent No. 1 is the best authority to decide that question.

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Ratio / Principle

Respondent No. 1 is the competent and concerned authority to decide the time it would take a fire brigade/ambulance to access the colony.

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Key takeaways

Respondent No. 1 shall take an overall view in the matter, keeping the Court's observations and the safety of the residents in mind.ratio¶19
Respondent No. 1's decision in the matter shall be taken expeditiously and not later than four weeks.ratio¶25
Direction issued to MCD to ensure the garbage is removed and no open dustbins are permitted to be kept, so that cleanliness of the locality is ensured.ratio

Detailed headnote1 paragraphs

Writ petition under Article 226 by MD. ATAUR REHAMAN seeking directions to stop construction of a concrete wall from Street No. 1 to Street No. 18, Shastri Park, Delhi-110053, and to leave a 20-25 feet wide gate for emergency (fire brigade/ambulance) access. The Court (Jasmeet Singh, J.) held it lacked expertise on the question and that respondent No. 1 (DDA) was the best and competent authority to decide whether a gate was required and the time emergency services would take to access the colony; DDA was directed to take an overall view keeping the safety of residents in mind and decide expeditiously, not later than four weeks. Noting from Annexure-B that huge garbage was dumped on both sides of the wall, the Court directed MCD to remove the garbage and not permit open dustbins, and to file status reports every three months to counsel, who may bring continued non-removal to the Court's notice. Petition disposed of (order dated 08.04.2026).

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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) 6508/2020, CM APPL. 22818/2020, CM APPL. 22819/2020, CM APPL. 24578/2020, CM APPL. 43293/2025 & CM APPL. 43294/2025 MD. ATAUR REHAMAN .....Petitioner

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Through: Mr. M.M Kashyap, Mr. Usman Khan & Ms. Swati Jaiswal, Advs. versus

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DDA & ANR. .....Respondents Through: Ms. Cauveri Birbal, Mr. Kushank, Ms. Nishtha Dhall, Mr. Kamlendu Pandey, Ms. Preksha Gaur, Advs. Ms. Beenashaw N. Soni, Standing Counsel, MCD.

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 08.04.2026

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This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:

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“a) issue direction to the respondents to take steps to stop the construction of concrete wall from street No 1 to

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Street No.18, Shastri Park, Delhi-110053;

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b) To give direction to the officers of respondents Nol. to leave a gate of 20 to 25 feet wide in between street No.1 to street No.18 for entry and exist purposes in case of emergencies of fire.”

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Mr. Kashyap, learned counsel for the petitioner, states that due to

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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 15/04/2026 at 12:43:04

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construction of the wall, the residents of the area feel that the emergency services such as fire brigade, ambulance will take a considerable time in cases of any emergency situation. Hence, he states that a gate needs to be constructed somewhere in the middle of the wall for facilitating the access of such necessary services.

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Ms. Birbal, learned counsel for the respondent No. 1, has filed an affidavit and states that the wall has been constructed for a purpose as the safety and security of the residents also needs to be ensured.

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Additionally at both ends of the wall, the passage is open and is about 8 meters in width which gives considerable passage to emergency service entering and exiting the colony.

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I am of the view that this Court does not have the expertise or knowledge and in any case, the respondent No. 1 is the best authority to decide if a gate is required or not.

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The respondent No. 1 is the competent and concerned authority to decide the time that it would take a fire brigade/ambulance to access the colony.

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In this view of the matter, the respondent No. 1 shall take an overall view in the matter, keeping the above said observations as well as the safety of the residents in mind.

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The Annexure-B of the additional documents filed on behalf of the respondent No. 1 shows that on both sides of the wall, there is huge garbage being dumped.

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Ms. Soni, learned standing counsel for Municipal Corporation of Delhi (“MCD”) has been requestd to appear in the matter and direction is issued to MCD to ensure that the garbage is removed and no open dustbins as shown

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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 15/04/2026 at 12:43:04

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are permitted to be kept, so that the cleanliness of the locality can be ensured. 10. The MCD will file a status report and give every three month status report to Mr. Kashyap, as well as Ms. Birbal, who in case of the garbage not being removed will be entitled to bring it to the notice of the Court.

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The decision by the respondent No. 1 shall be taken expeditiously and not later than four weeks from today.

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With these directions, the petition is disposed of.

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JASMEET SINGH, J

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APRIL 8, 2026/NG

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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 15/04/2026 at 12:43:04

Md. Ataur Rehaman v. DDA & Anr.

Case brief

What is this about?

What did the court decide?

Md. Ataur Rehaman v. DDA & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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