JUDGMENT

Anu Malhotra, J. - The petitioner vide the present petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure assails the impugned order dated 1.9.2016 of the learned ASJ-04 Shahdara in C.R. No. 15/2016 as well as order dated 2.2.2016 of the learned Metropolitan Magistrate-01, Shahdara, Delhi in CC No.90/2013 and simultaneously seeks the direction to the State of Delhi, represented by the Delhi Police, to immediately restrain the location of halwais/private caterers in any open area in and around the Gagan Vihar Community Hall, whether within or outside the premises of the Gagan Vihar Community Hall or from creating any other public nuisance in whatever manner as well as quashing the impugned orders as specified hereinabove.

2. Oral and written submissions have been made on behalf of either side. The petitioner, in the instant case, is a resident of Unit 1, Ground floor, 156, Gagan Vihar Extension, Delhi-110051, which is located next to the Master Plan Road over Disused Canal. The petitioner submits that there is a community hall commonly known as Gagan Vihar Community Hall, located near his property and also next to the Master Plan Road over disused canal which community hall is managed by the Aviation Employees Co-operative House Building Society (hereinafter referred to as AECHBS). The petitioner submits that there is an open area on the rear side forming part of the community hall and on the western side is an internal road of Gagan Vihar Extension Colony, which is under dispute in the Court of ADM(E) Delhi in a complaint filed by the petitioner himself under Section 133 of the Code of Criminal Procedure. The petitioner submits that the open areas are often used by the various people who organize functions in the community hall and the open areas are used for locating halwais/private caterers either by AECHBS or the organizers themselves with the support and encouragement of AECHBS and that the halwais/private caterers are almost always more than 10 in number and carry out various cooking and ancillary activities including washing of utensils in the open areas and such user increases manifold during the marriage season and occurs almost on daily basis.

3. The petitioner further submits that the location of halwais/private caterers in the open area is a public nuisance and cognizable offence under various sections of Chapter 14 of the Indian Penal Code and submits to the effect:

"a. That the halwais private caterers locate themselves in the most haphazard manner, which per se is a public nuisance as being an eye sore directly visible from the Master Plan Road. The location of halwais/pri vate caterers in the western open area, whenever it happens, is also an obstruction to the right of way access through internal road of Gagan Vihar Extension colony.

b.That the halwais/private caterers also wash utensils in the open areas, which create loud noise including at odd hours of night and wee hours of morning, and even otherwise the activities of the halwais/private caterers create loud noise.

c.That the washing of utensils is accompanied by creation of dirty water and garbage, which is drained and collected into the adjacent footpath, and is also left unattended in the said open areas for long periods. The other activities also create lots of garbage, which is also left unattended in the said open areas for long periods. The above creates lots of bad smell and also the risk of spread of deadly diseases like dengue, malaria, chicken guinea etc.

d. That certain kind of cooking activities per se create bad smell and smoke.

e. That the presence of unknown persons of doubtful credentials i.e. the halwais/private caterers, who often enter into fights and other undesirable activities in and around the community hall premises, per se is a nuisance.

f. That the halwais/private cate