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2012 Supreme(Del) 2021

RAJIV SHAKDHER, M.L.MEHTA, SANJAY KISHAN KAUL
COURT ON ITS MOTION – Appellant
Versus
GOVT. OF NCT OF DELHI – Respondent


Advocates Appeared:
Mr. Aman Lekhi, Sr. Adv. with Mr. Barun Kumar
Mr. B.S. Shukla, Ms. Monika Arora & Mr. Amit J., Advs. for Petitioner in WP(C) 4323/2012.
Mr. Pawan Sharma, Standing Counsel (Crl.) for the GNCTD with Mr. Sahil Mongia, Ms. Priyanka Kapoor
Ms. Richa Sharma, Advs. for Government of NCT of Delhi/applicant in CM No. 10221/ 2012-Addl. C.P. in WP(C) 4323/2012.
Mr. K.T.S. Tulsi, Sr. Adv. with Mr. M.M. Kashyap
Mr. Ravinder Singh & Mr. Faraz Khan, Advs. for applicant Shoaib Iqbal in CM No. 10222/2012 in WP(C) 4323/2012.
Petitioners S.S. Saibaba Om Jee, Baba Nand Kishor Mishra, Sardar Ravi Ranjan Singh-in person in WP(C) 4432/2012.
Mr. Narender Kalra, Adv. for the Applicant in CM No.16319/2012 in WP (C) No. 4323/2012.
Mr. Chetan Sharma, Sr. Adv. with Mr. Ajay Arora, Mr. Kapil Datta, Advs. for MCD along with Mr. C.R. Garg, DC (City Zone), Mr. Anil Gupta, CLO (NDMC), Mr. Rajiv Garg, ALO (NDMC) for MCD.
Mr. Jayant Tripathi, Mr. A.D.N. Rao, Ms. Neelam Jain & Ms. Mansha Monga, Advs. for ASI.

JUDGMENT

CM No.10221/2012 (under Section 151 CPC by Delhi Police) in WP (C) No.4323/2012

1. The Delhi Police seeks modification of the order dated 30.7.2012 whereby the direction made vide para 34 (v) requires police assistance to be rendered to MCD [now North Delhi Municipal Corporation (for short „NDMC)] for implementing the statutory mandate without fail. A further direction is sought that the unauthorized construction/ obstruction/nuisance at the site of Subhash Park should be directed to be removed by Shri Shoaib Iqbal.

2. In view of our order dated 30.7.2012, the Deputy Commissioner, NDMC vide letter dated 31.7.2012 sought police force so that necessary arrangement could be made. On consideration of the letter, the Delhi Police formed its opinion that since it was the holy month of Ramzan, which will culminate on 20-21.8.2012 and Independence Day celebrations are approaching as also the booking of Ramlila Ground by Baba Ramdev and his team, it may become difficult for the Delhi Police to spare personnel/force. A postponement of action, thus, was sought.

3. It has also been alleged that in view of Section 20A (2) of the Ancient Monuments and Archaeological Sites and Remains


























































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