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2023 Supreme(Del) 890

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Anita Sharma – Appellant
Versus
East Municipal Corporation – Respondent


Advocates appeared:
Mr. Shahid Ali and Mr. Sameer Tayyeb, Advocates, for the Petitioner.
Mr. Tushar Sannu, Standing Counsel for MCD with Mr. Abhinav Verma, Advocate.
Mr. Anuj Aggarwal, ASC GNCTD with Ms. Ayushi Bansal, Mr. Sanyam Suri, Ms. Arshya Singh, Advocates for R-3.
Mr. Anirudh Bakhru, Mr. Sehdev Rana, Ms. Umang Rawat, Mr. Abhinav Chhabra, Mr. Aman Kaushik, Advocates for R-4 with SI Sunit Kumar, PS Gandhi Nagar.

JUDGMENT

1. The instant Writ Petition has been filed as a Public Interest Litigation ("PIL") under Article 226 of the Constitution seeking a Writ of Mandamus or any other appropriate writ/ order/ direction to Respondent Nos. 1,2 & 3 to restrain Respondent No. 4 from carrying out further construction at No. 9/ 1018 old no. 489 Khasra No. 550/393/61 measuring 3540.88 Sq. Mtrs. situated at Prem Gali East, Gandhi Nagar, Delhi,("Subject Property"), and to further direct Respondent Nos. 1,2 & 3 to take action as per law on the basis of the complaints filed by the Petitioner with the said authorities.

2. The Petitioner herein has stated herself to be a social worker who is actively engaged in helping various Non-Governmental Organizations ("NGOs"). Respondent No. 1 herein is the erstwhile East Delhi Municipal Corporation ("EDMC") which now stands merged with other civic bodies and now comes under the Municipal Corporation of Delhi ("MCD"), Respondent No. 2 is the Monitoring Committee of the MCD, Respondent No. 3 is the Station House Officer ("SHO") of Police Station, Gandhi Nagar, Delhi, under whose jurisdiction it has been stated that the property in question is situate, and Respondent

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