2024 Supreme(Online)(DEL) 19554
$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1934/2024 CM APPL. 8111/2024 RAVI KUMAR MEENA ..... Petitioner Through:
Mr. Rakesh Kakar & Ms. Varsha, Advs.
Versus MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMISSIONER & ORS.
..... Respondents Through:
Mr. Sanjeev Sabharwal, Adv. for R- 1/MCD.
Mr. Rishikeshh Kumar, Ms. Sheenu Priya, Mr. Atik Gill, Mr. Sudhir Kumar Shukla & Mr. Sudhir, Advs. for R-2&3.
CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU
VARSHA
ORDER
% 09.02.2024
1. The petitioner has filed the present petition, inter alia, praying as under:
- “i.
- Issue writ of Mandamus, or a writ order or direction in the nature of mandamus directing the respondent no.1 to remove all the encroachments by the The Bazaari Kiosk, hawkers, raris, in shape of tin shed and pucca thara in shape of raris and wooden table on the said main road leading to Aurbindo Marg to Gautam Nagar Nalla alongwith Yusuf Sarai AIIMS boundary wall allotted under the Teh Bazaari in front of the petitioner house.
- ii.
- Also passed the directions to rearrange the Teha Bazari Kiosk opposite to the petitioner shop to somewhere else to restore the free movement of traffic and pedestrian on the Yusuf Sarai-Gautam Nagar Road, New Delhi and the petitioner may do the business properly.
- iii.
- Issue such writs and directions to the respondents for ensuring that no encroachment take place on the said road shown in the red color in layout plan in future including taking suitable preventive steps by raising the proper fencing and boundary walls.”
2. The learned counsel appearing for the petitioner contends that movement of traffic on Yusuf Sarai – Gautam Nagar Road, New Delhi is impeded because of the congestion caused by the hawkers. This Court is informed that orders were passed for removal of encroachment, however, the learned counsel appearing for the petitioner contends that the same have not been implemented.
3. Issue notice.
4. The learned counsel appearing for the respondents accept notice.
5. The learned counsel appearing for the respondent no.1/Municipal Corporation of Delhi seeks time to file the status report.
6. Let the same be filed before the next date of hearing.
7. List on 22.02.2024. VIBHU BAKHRU, J TARA VITASTA GANJU, J FEBRUARY 09, 2024 Click here to check corrigendum, if any ‘gsr’