2026 Supreme(Online)(Del) 4010
IN THE HIGH COURT OF DELHI AT NEW DELHI
NARESH KUMAR YADAV VS. MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMSSIONER & ORS.
W.P.(C) 1995/2026
$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1995/2026 with CM APPL. 9692/2026 NEERAJ KUMAR JINDAL & ORS. .....Petitioners Through: Mr. Sanjeev Goyal & Mr. M. Minhal Mehdi, Advocates.
versus MUNICIPAL CORPORATION OF DELHI THROUGH THE COMMISSIONER & ORS. .....Respondents Through: Mr. Sagar Kumar, Standing Counsel for R-1.
Mr. Nitin Kumar, GNCTD Panel Counsel for R-2.
Mr. S.S Suzana, CGSC & Mr.
Sarthak Rana, GP for R-3 & 4.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
O R D E R
% 12.02.2026
1. The present writ petition has been filed seeking the following reliefs:
“a) Issue a writ of mandamus or any other appropriate writ/direction of similar nature directing Respondent No. 1 (MCD) to immediately remove all encroachments, cooking equipment, gas cylinders, water tank, tents and materials from Public Street/Road No. 41, Punjabi Bagh West, Public Park and pavement abutting the same and restore the road to its original unobstructedcondition;and b) Direct Respondent Nos. 1 to 4 to forthwith prohibit Respondent No. 5 and/or any other persons from organizing or conducting any langar or similar activity on the said public street without lawful permission/authorization;and c) Direct Respondent Nos. 3 and 4 (Police Authorities) to take appropriate preventive and penal action against the offenders in accordance with law as to abate the public nuisance and ensure safety andsecurityof residents includingthepetitioners;”
2. The present petition has been filed by eleven (11) petitioners, who are stated to be residents of Punjabi Bagh (West). The grievance of the petitioners is that right opposite to their houses, the respondent no. 5 has been conducting daily Langar activity on public street, without any permission from the Municipal Authorities, thereby causing nuisance outside the petitioners’ residences. It is submitted on behalf of the petitioners that the cooking activities also take place on the public street.
3. Counsel appearing on behalf of the petitioners submits that the petitioners have no objection if a charitable activity is taking place. However, it should not take place on the public street, but at a suitable place such as local Gurudwara.
4. In my considered view, the respondent no. 2 is not a necessary party in the present petition.
4.1. Accordingly, the respondent no. 2 is deleted from the array of parties.
4.2. Amended memo of parties be filed within three (3) days.
5. Issue notice.
6. Notice is accepted by counsel appearing on behalf of the respondent nos. 1, 3 and 4.
7. Let notice be issued to the respondent no. 5 through all permissible modes.
8. Counter affidavit(s)/status report(s) shall be filed within four (4)
weeks.
9. In the meanwhile, the respondent no. 1/ MCD shall take steps in accordance with law, for removal of the unauthorized encroachment on the aforementioned public street.
10. Further, the respondent no. 4/ SHO, Punjabi Bagh (West) shall ensure that the vehicles are not parked unauthorizedly on the public street, and shall also ensure that there is a smooth outflow of traffic on the street.
11. List on 27th April, 2026.
AMIT BANSAL, J FEBRUARY 12, 2026 at