$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3095/2024 & CM APPL. 50082/2024 AZADPUR TRANSPORT CENTRE ASSOCIATION (REGD.)

.....Petitioner Through: Appearance not given.

versus GOVERNMENT OF NCT OF DELHI & ORS.

.....Respondent Through: Mrs Avnish Ahlawat SC GNCTD Services, Mr Nitesh Kumar Singh, Ms Aliza Alam, Mr Mohnish Sehrawat, Advs.

Mr. Vikas Chopra Standing counsel MCD and Mr Neeraj Kumar Advocate for MCD.

CORAM:

HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 03.02.2026

1. The petition is for the following reliefs:

“a) Allow the present petition and Issue writ of mandamus or any other writ or directions thereby directing the Respondent no.6 to demolish and remove illegal wall i.e. Site No.1 constructed on encroached public road/land as shown in the Site Plan which is causing obstruction and blocking right to way of general public and to further ensure and restore a free public movement and to restore the original road/passage as per sanctioned lay out plan, and;

b) Allow the present petition and Issue writ of mandamus or any other writ or directions thereby directing the respondent no.6 to not to construct the wall or any other obstacle, cause any hindrance on Site No.1 i.e. encroached public land as shown in the Site Plan, in future, which is a public passage and way without following the due process of law, and;

c) Allow the present petition and Issue writ of mandamus or any other writ or directions thereby declaring site in question i.e. Site No. 1, 2 and 3 as shown in the site plan as public passage meant for free and fair movement of general public and can not be encroached upon by anyone and to restore the same to its original position, and;

d) Allow the present petition and Issue writ of mandamus or any other writ or directions thereby directing respondent no.6 to remove illegally constructed “Onion Shed” so as to ensure absolute and free movement of members of petitioner society and general public at large, and;

e) Allow the present petition and Issue writ of mandamus or any other writ or directions thereby directing respondent no.6 to remove illegally usurped, illegally occupy and encroached upon “idle parking” space lying on DDA Land as shown in the lay out plan in front of shops of members of petitioner society so as to restore rights and pride of petitioner, and;”

2. The response filed by respondent no.6 would indicate the following facts and circumstances, which would justify the direction of the wall in question:

“That the relevant fact for the just decision m the matter are as follows:

(i) Vide email dated 22.11.2023 received from Department of Environment extract of order under action no. 196 dated 31.10.2023 of NHRC was enclosed and information as sought for by the NHRC was to be provided by 22.11.2023 as \he matter was listed on 30.11.2023. Copy of the email and trailing emails with the extract order is enclosed as Annexure R-1 (ii) Under the heading of Joint Inspection of Railway Lines in Delhi Region where the report submitted to the Commissfon suggested that the situation is very grim and there were huge piles of legacy waste in several places. The NHRC team aiso made the following observations/suggestions:

"The relevant paragraphs as applicable to AP11C Azadpur are as under: 3. The active involvement of the Delhi Urban Shelter Improvement Board (DUSIB) and the Azadpur Sabz1 Mandi Committee was emphasized for ensuring and maintainJng cleanliness on railway land.

6. The Azadpur (Subzi Mandi) stretch was heavily encroached upon by residents on both sides, hindering cleaning efforts. A substantial amount of waste, approximately 500 metric tonne, was reported in the Azadpur to Badli Area.

9. The area on the right of Kela Mandi was found to be unclean."

(iii)That pointwise reply with respect to para 3and 9 was submitted by the deponent on 29.11.2023 to Dr. Chetna Anand, Sr. Scientific Officer, Department of Environment, GNCTD, Delhi Secretariat, New Delhi. Copy of the report is enclosed as Annexure R-2