$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15076/2025 SANJAY SHARMA .....Petitioner Through: Mr. Pragyan Pradip Sharma, Sr. Adv.

with Mr. Avinash Kapoor, Mr. Shivdeep Kumar Tripathi, Ms. Sonia Kapoor, Mr. Dipayan Gupta, Mr.

Hardik Jain, Advs. Mob: 8802089746 Email:

shivdeeptripathi7adv@gmail.co versus MUNICIPAL CORPORATION OF DELHI ORS. .....Respondents Through: Mr. Sanjeev Sabharwal, SPC for UOI Mob: 9810031680 Email: solicitor6@gmail.com SI Jaivind Kumar, PS-New Friends Colony Mob: 9315199981 Mr. Tarique Siddiqui, Ms. Gauri Puri, Mr. Kashish Bhardwaj and Mr. Md.

Faisal Khan, Advocates for R-4 Mob: 9821394624 CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 11.12.2025

1. A Status Report has been filed on behalf of respondent nos. 2 and 3, wherein, the respondent nos. 2 and 3 have stated that the gate in question, i.e., Gate No. 5, can be closed only from 11:00 PM to 5:00 AM with a securityguard.

2. It is further stated in the said Report, that the final decision regarding closing of the gate no. 5 of Sukhdev Vihar Residential Colony, is to be taken by the Assistant Commissioner of Police (“ACP”)/New Friends Colony, as per the standing order issued in this regard.

3. As per the Report filed on behalf of the Station House Officer (“SHO”), Police Station-New Friends Colony, a meeting took place with the ACP, New Friends Colony, including, the Municipal Corporation of Delhi (“MCD”) Officials and Traffic Police, however, no fruitful result came out.

4. During the course of hearing, it has come to the fore that gate no. 5 has been installed unauthorisedly, and no permission with regard to the same has been taken.

5. Learned counsel appearing for the MCD submits that the Resident Welfare Association (“RWA”) can approach the MCD for the permission/regularization and that the application of the RWA shall be considered accordingly.

6. Considering the aforesaid, liberty is granted to the RWA to file the requisite application with the MCD for seeking permission/regularization of gate no. 5 in the colony.

7. At this stage, learned counsel appearing for the RWA submits that similar application would have to be filed with respect to other gates also.

8. Libertyis so granted.

9. As far as the gate no. 5 is concerned, which is the subject matter of the writ petition before this Court, the RWA shall make requisite application before the MCD for seeking permission.

10. The terms and conditions of granting permission for installation/regularization of gate no. 5, shall be finalized by the MCD, as per its policy, after hearing all the concerned parties, including, the petitioner herein.

11. Let the needful be done bythe MCD, before the next date of hearing.

12. At this stage, learned Senior Counsel appearing for the petitioner submits that in the interim, till the matter is considered by the MCD, the gate no. 5 ought to be opened.

13. He further submits that the petitioner is ready to bear the cost of the securityguard.

14. Considering the submissions made before this Court, it is directed that the security guard shall be deployed by the RWA at gate no. 5 from 5:00 AM to 11:00 PM, who shall ensure that in case any resident of the colony seeks to have ingress and egress from the said gate, the said gate shall be opened bythe said securityguard.

15. Further, as an interim measure, till the next date of hearing, the salary of the said security guard to be deployed at gate no. 5, shall be borne by the petitioner.

16. List on 06^th February, 2026.

MINI PUSHKARNA, J DECEMBER 11, 2025 ak