Delhi High Court
Nitin Sharma vs Union Of India on 16 October, 2017
$~26
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C)No.7952/2017
% Date of decision : 16th October, 2017
NITIN SHARMA ..... Petitioner
Through : Mr. Abhishek Choudhary,
Ms. Kirti Wardhan Sharma and
Mr. Mohit Ramani, Advs.
versus
UNION OF INDIA ..... Respondent
Through : Mr. Ajay Digpaul, CGSC with
Ms. Mohita, Adv. for UOI.
Mr. Sharat Kapoor, Adv. for R-
2,3,4,6 & 7 with S.I. Sushil
Sarwaria.
Mr. Jaideep Malik, ASC for
SDMC/R-5.
Mr. Kumar Rajesh Singh, Adv.
for R-8.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. This writ petition complains that a temple in Defence Colony,
New Delhi which was in existence for the past 25 years was
demolished by the police.
2. A status report dated 4th September, 2017 has been filed under
the signatures of Inspector Vijay Kumar informing that a small
temporary structure adjacent to the bus stop Nehru Homeopathic,
Defence Colony, Bhism Pitahmah Marg, New Delhi was set up where
idols of god are kept under a tree exists.
3. On the 21st August, 2017, it was noticed by the police that a
fresh construction of a room like adjacent to bus stop on the footpath,
which was also covering some part of the road was being undertaken
by the petitioner - Nitin Sharma.
4. Information in this regard with photographs was sent to the
Deputy Commissioner, Central Zone, South Delhi Municipal
Corporation, Lajpat Nagar, New Delhi on the 21st of August 2017.
5. Inasmuch as the construction was carried out on the footpath as
well as on the Bhism Pitahmah Marg and construction material was
lying on the main road, a public place, on the 27th August, 2017, a case
being FIR No.161/2017 was registered under Section 283 of the
Indian Penal Code against the petitioner - Nitin Sharma, son of Shri
Raj Pandit.
6. Furthermore, construction material which included stones, two
stone pillars, 10 bags cement and dust lying on the road were seized as
the case property.
7. It appears that thereafter on 28th August, 2017, the petitioner
made a PCR call, information whereof was given to the Police Station
Defence Colony, New Delhi and registered as DD No.13A wherein it
was stated that a temple had been demolished at the instance of one
Mr. Bhupender Malik.
8. The police is stated to have received a written complaint dated
29th August, 2017 from the Members of the Resident Welfare
Association, Defence Colony alleging that Mr. Nitin Sharma visited
the office of Resident Welfare Association with four other persons and
threatened them.
9. The petitioner has made a complaint on 2nd September, 2017
regarding demolition of temple to the police station which complaint
is being examined by the Grievance Cell, South District.
10. The police has disputed that any existing temple was
demolished by them or any other agency.
11. It is further stated that the old small structure under a tree is still
existing inasmuch as the action has been taken in accordance with law
with regard to attempt to raise a fresh and new construction.
12. Police complaint has been registered and material seized on
account of it being case property. This court cannot intervene in the
ongoing investigation.
13. This writ petition is devoid of any legal merit. The same is
hereby dismissed.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
OCTOBER 16, 2017
mk
