O R D E R

% 02.09.2024 CM APPL. 50292/2024 (Ex.)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 12086/2024

3. The grievance raised in the instant writ petition is with respect to the property / building WZ-3, out of Khasra No. 13321162, Khata No. 128, Khatoni No. 81, (Building WZ-2181) Raja Park Chowk, New Delhi-110034 which is situated at the corner of the street. According to learned counsel appearing for the petitioner, the same is constructed encroaching over the public land i.e., Road No.43 having Right of Way of 150 feet.

4. The Court takes note of the provisions enshrined in Chapter XI (B) and (C) of Bharatiya Nagarik Suraksha Sanhita, 2023 [“Sanhita”] and finds that Sections 152 to 163 of the said Sanhita provide a mechanism as to how such a grievance can be redressed by the District Magistrate or by a Sub- Divisional Magistrate or any other Executive Magistrate especially empowered in this behalf by the State Government.

5. A perusal of Section 152 of Sanhita (erstwhile Section 133 of CrPC, 1973) would indicate that the underlying rationale behind the enactment of such provision is to prevent public nuisance. This Section empowers a ma