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2025 Supreme(Online)(DEL) 472
HIGH COURT OF DELHI
HON'BLE THE CHIEF JUSTICE, C, Tushar Rao Gedela, JJ
CHANDANI CHOWK SARV VYAPAR MANDAL (REGD.) – Appellant
Versus
GOVT. OF NCT OF DELHI & ORS. – Respondent
W.P.(C) 15842/2024
MOHIT MUDGAL
The court emphasizes the necessity of coordinated efforts among multiple agencies to maintain and preserve historically significant public areas, particularly in light of past neglect.
Headnote:(A) Societies Registration Act, 1860 - Public Interest Litigation - Application for impleadment by Delhi Hindustani Mercantile Association allowed as it directly affects its members' interests in maintaining the Chandini Chowk area - The area is of commercial and historical significance, attracting both local and foreign tourists. (Paras 2, 6, 8)
(B) Maintenance and cleanliness of public areas - Court emphasizes the need for coordinated efforts among multiple agencies for upkeep of Chandini Chowk, which has suffered from neglect despite previous court orders and redevelopment efforts. (Paras 9, 12)
(C) Formation of Committee - A Committee is proposed to oversee maintenance and preservation efforts, with terms of reference to be established based on suggestions from involved parties. (Paras 12, 13)
Facts of the case:
The PIL addresses the deterioration of Chandini Chowk's maintenance, highlighting its importance and previous litigation efforts to ensure its upkeep.
Findings of Court:
The Court acknowledges the need for urgent action from various agencies to preserve the area's character.
Issues: The main issues include the implementation of maintenance efforts and the involvement of relevant agencies in the upkeep of Chandini Chowk.
Ratio Decidendi: The Court reiterates the importance of coordinated agency efforts for the maintenance of public spaces, especially those of historical significance.
Result: The application for impleadment is allowed, and a Committee will be formed to address the issues.
ORDER :
CM APPL. 66518/2024 (Exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
CM APPL. 5340/2025 (Impleadment)
1. This application by Delhi Hindustani Mercantile Association, a Society registered under the Societies Registration Act , 1860 has been moved seeking its impleadment.
2. Learned counsel representing the applicant has stated that the issues and the subject matter involved in this Public Interest Litigation (hereinafter referred to as ‘PIL’) petition directly affect the members of the applicant/Society. Learned counsel also states that the members of the applicant/society are willing to contribute to ensure that the area in question, namely, Chandini Chowk is maintained properly so that it does not lose its character for which it is known, not only to the local populace but worldwide.
3. Having regard to the subject matter of this PIL Petition, we permit the applicant/Society to be transposed as petitioner no.2.
4. Necessary amendments shall be incorporated by learned counsel representing the petitioner within a week.
5. Accordingly, the present application stands disposed of.
W.P.(C) 15842/2024
6. This PIL Petition concerns itself with continued deterioration in upkeep, maintenance and cleanliness of Chandini Chowk area which stretches on a road admeasuring about 1.4 kilometres, from Subhash Marg (Lal Quila Road) to Fateh Puri Masjid. The area is not only important from the point of view of commerce but it also carries historical importance, attracting lakhs of tourists, both Indians and foreign.
7. In an earlier round of litigation, namely, W.P.(C) 7885/2020, various directions were issued from time to time for maintaining the area in terms of civil work, electrical work, cleanliness, removal of drug addicts and encroachments, proper management of traffic and hygiene etc. The said writ petition was, however, finally disposed of by means of an order dated 08.11.2023.
8. It has also informed that a re-development project was undertaken wherein, various works were carried out by the concerned agencies to revamp the area, however, on account of poor upkeep and negligence by various agencies involved in and entrusted with the work of maintenance, urgent attention of all the authorities and agencies is needed so that Chandini Chowk does not lose its character as a historical, tourist and commercial place.
9. Having regard to the current situation of the area, we are of the opinion that a concerted effort of all the agencies, namely, the concerned Municipal Corporation, Delhi Police, Public Works Department, Delhi Traffic Police, the local civil administration, Department of Urban Development of the State Government of Delhi, Shahjahanabad Redevelopment Corporation Limited and Delhi Urban Shelter Improvement Board (hereinafter referred to as ‘DUSIB’) is the need of the hour.
10. All the above agencies and public organisations are represented by their respective counsels in these proceedings, however, DUSIB, not being a party respondent in the present petition, is not represented. Accordingly, we direct the learned counsel for the petitioner to implead DUSIB as party respondent no. 7 in the array of parties within a weeks’ time.
11. Let the amended memo of parties be filed within a week.
12. For ensuring that the area in question is maintained appropriately, we propose to form a Committee comprising of the officers at the highest level of all the agencies mentioned hereinabove and other experts. We also propose that terms of reference to such a Committee shall be preparation of a road map for maintaining and preserving the area and other ancillary issues.
13. For the said purpose, learned counsel representing the respondents as also the petitioners, shall file their respective affidavits within three weeks, giving their suggestions so that the Committee may be formed.
14. List on 16.04.2025.
