Vinay Kumar Walia vs Govt. Of Nct Of Delhi And Ors`
2014 Latest Caselaw 3064 Del

$~5
*   IN THE HIGH COURT OF DELHI AT NEW DELHI

%                          Judgment delivered on: 11th July, 2014

+                      W.P.(C) 1273/2013
    VINAY KUMAR WALIA                                  ..... Petitioner
                  Represented by: Mr. C.S.Rathore and
                                  Mr. Pramod Kumar, Advocates.
                  Versus
    GOVT. OF NCT OF DELHI AND ORS                 ..... Respondents
                  Represented by: Mr. Sumit Chander, Advocate
                                  for Respondent No.1 & 7.
                                  Mr. Pawan Sharma, Advocate
                                  for Respondent No.2.
                                  Mr.Ajay Verma, Advocate for
                                  Respondent No.4/DDA.
                                  Mr. Ajay Arora and Mr.Kapil
                                  Dutta, Advocates for
                                  Respondent No.5/MCD.
                                  Ms.Sangeeta Tomar, Advocate
                                  for Respondent No.6.
                                  Mr.Anuroop P.S., Advocate for
                                  Respondent No.8.
                                  Mr. Ekram Ali Ansari,
                                  Advocate for Respondent No.9.
                                  Mr.Sunil Choudhary, Advocate
                                  for Applicants in C.M.
                                  No.6109/2014.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

W.P.(C) 1273/2013 & CM Nos.4680/2013, 12138/2013, 5310/2014 & 6109/2014

1. Vide the present petition, the petitioner is seeking the following directions:-

"(A) Issue a writ of mandamus or any other appropriate writ(s) or order(s) or direction(s) to the Respondents to discharge its statutory duty and to take immediate action to stop unauthorized and illegal activities of construction being carried out in -

(a) At Property bearing No.F-204, situated in Khasra No.269/2, Near Hanuman Mandir, Village Lado Sarai, New Delhi- 110030, and

(b) At property No.F-117, Dr.P. Dass Wali Gali, Near Old Central Bank, Village Lado Sarai, New Delhi;

(B) Issue a writ of mandamus or any other appropriate writ(s) or order(s) or direction(s) to the Respondents to file the status report of the action taken complaints of the Petitioner regarding unauthorized and illegal construction being carried out in the properties mentioned hereinabove."

2. Pursuant to order dated 25.04.2014, respondent No.2/Commissioner

of Police has filed an affidavit stating that case has been registered against

the culprits, action has been taken against the erring officers and one of the

offender has been arrested, remained in jail for 27 days and thereafter he has

been released on bail by the learned Additional Sessions Judge.

3. Learned counsel appearing on behalf of the petitioner submits that as

the petitioner objected to the unauthorized and illegal construction carried

out in the writ premises he has received threat from the culprits, therefore,

security may be provided to him.

4. Keeping in view the facts of the case, I direct the respondent No.2 to

assess the perception of threat and take action accordingly.

5. In view of the action to be taken by the respondent MCD, nothing

survives in the present petition. The same alongwith pending applications is

disposed of.

SURESH KAIT, J.

JULY 11, 2014 sb