$~48, 49 & 51 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 6^th February, 2023 + W.P.(C) 1488/2023 and CM APPL. 5570/2023 SHRI RAJESH KUMAR & ANR. ..... Petitioners Through: Mr. Anand Yadav, Advocate.

(M:9810126454)

versus SHO, POLICE STATION NAJAFGARH, DELHI & ANR ..... Respondents Through: Ms. Rachita Garg and Mr. Yash Singh, Advocates.

(49) WITH + W.P.(C) 1489/2023 and CM APPL. 5571/2023 SUSHIL KUMAR & ANR. ..... Petitioners Through: Mr. Anand Yadav, Advocate.

versus SHO & ANR. ..... Respondents Through: Ms. Rachita Garg and Mr. Yash Singh, Advocates.

(51) AND + W.P.(C) 1491/2023 and CM APPL. 5572/2023 SUMAN BANSAL ..... Petitioner Through: Mr. Anand Yadav, Advocate.

versus SHO POLICE STATION NAJAFGARH & ANR. ..... Respondents Through: Ms. Rachita Garg and Mr. Yash Singh, Advocates.

CORAM:

JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The Petitioners have filed these petitions against Respondent No.1- SHO, PS Najafgarh and Respondent No.2- SDM, Najafgarh seeking W.P.(C)s 1488/2023, 1489/2023, 1491/2023 Page 1 of 4 Signature Not Verified Digitally Signed directions that the officials of the Respondents ought not to interfere or give directions to stop the construction of boundary wall and filling up of the land/plot of the Petitioners.

3. Ld. counsel for the Petitioners relies upon the order dated 9^th February, 2022 passed in similar writ petition being W.P.(C) 2475/2022 titled Shri Rajesh Khanna Through His Father Shri J. C. Khanna v.

SHO, Police Station Najafgarh & Anr. and connected writ petitions.

4. Mr. Yadav, ld. Counsel for the Petitioners submits that under Section 475 of the Delhi Municipal Corporation Act, 1957 (hereinafter ‘DMC Act’) if any unauthorised construction is made contrary to any rules, regulations or byelaws of the DMC Act, police officers can give information of the same to the Commissioner under the DMA Act. He further relies upon the Unified Building Byelaws for Delhi 2016, to argue that for construction of the boundary wall under clause 2.0.1(d)(vii), no permission is required.

5. Ld. counsel for the Respondents, on the other hand, submits that under the garb of construction of boundary wall, sewage lines are being installed, land filling is being done and thereafter, unauthorised colonies are being erected.

6. Heard. In W.P.(C) 2475/2022 and connected matters the following order was passed on 9th February, 2022:

“These petitions have been filed primarily seeking a restraint order against the authorities more particularly respondent No.1 and its officials from interfering in the construction of the boundary wall on the lands depicted in the petitions.

Mr. Anupam Srivastava, learned Additional Standing Counsel appearing for the respondents states that he has instructions from W.P.(C)s 1488/2023, 1489/2023, 1491/2023 Page 2 of 4 Signature Not Verified Digitally Signed both the respondents that the petitioners are within their right to construct the boundary wall and there shall not be any interference. Taking the statement of Mr. Srivastava on record and in view of submission made by Mr. Yadav at this stage that the statement of Mr. Srivastava shall satisfy the requirement of the writ petitions, the writ petitions and connected applications are disposed of. ”

7. Sections 474 of DMC Act clearly permits the police authorities to arrest any person who violates any rule, regulation or byelaw if the name and address of such persons is unknown and upon demand, if the person committing the violation does not give his name and address. Further, Section 475 of the DMC Act also provides that immediate information of any violation or attempted violation of any rule, regulation, bye-law under the DMC Act is to be given to the Commissioner. The said provision reads:

“475. Duties of police officers- It shall be the duty of all police officers to give immediate information to Commissioner of the commission of, or the attempt to commit any offence against this