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2012 Supreme(Del) 1483

VIPIN SANGHI
Samaj Sudhar Samiti Harkesh Nagar (Regd) Through Dhyan Singh – Appellant
Versus
Govt. Of (Nct) Of Delhi – Respondent


Advocates Appeared:
For the Appellants:C. Mukund with Firdoz Vani, Vinny Shangloo & Ravi, Advocates. For the Respondents:Ms. Indira Jai Sing, ASG with Rajiv Nanda, Additional Standing Counsel & R1, R2 & R6 -Ms. Shawana Bari, Suresh Tripathy with Mayank Singh Chauhan, Advs. for Delhi Jal Board., Advocates.

Judgment :

VIPIN SANGHI, J.

1. The present writ petition under Article 226 of the Constitution of India has been preferred by the Samaj Sudhar Samiti Harkesh Nagar (Regd.), through its General Secretary, Sh. Dhyan Singh to seek a writ order or direction in the nature of prohibition, to prohibit the respondents from closing, or in any manner interfering or restricting the access to the residents of Harkesh Nagar Colony from the main road i.e., the Ma Anand Mai Marg.

2. The case of the petitioner is that it is an association of residents of Harkesh Nagar Colony, which was an unauthorized colony regularized by the MCD vide Resolution No.631 dated 06.12.1990. The petitioner submits that its members and residents have been using a connecting road from its colony to the Maa Anand Mai Marg over the years, which falls on an open tract of land.

3. The respondents impleaded in the present writ petition are the Director (Works), GNCT of Delhi; the Chairman, IIT; the Director (Delhi Jal Board); the Commissioner (Industries), GNCT of Delhi; the President, Okhla Industrial Association (Regd.), and; the Commissioner of Police in that order.

4. The grievance of the petitioner is that the land, w


































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