Delhi High Court
Anand Puri Govind vs North Delhi Municial Ccrporation ... on 22 October, 2019
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 22nd October, 2019
+ W.P.(C) 11650/2017
ANAND PURI GOVIND ..... Petitioner
Through: Mr. J.P.S. Sirohi and Mr. Sunil
Sirohi, Advs.
versus
NORTH DELHI MUNICIAL CCRPORATION & ANR.
..... Respondents
Through: Mr. Rakesh Mittal and
Mr. Ajay Harshana, Advs. for R-1
Mr. Giriraj Subramanium and Mr. Rohan Jain,
Advs. for R-2
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 22.10.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(C) 11650/2017
1. This so called Public Interest Litigation has been preferred with the
following prayers :
"(a) Issue a writ, order, or direction in the nature of
mandamus commanding the North Delhi Municipal
Corporation /Respondent No. 1 and Delhi Development
Authority/Respondent No. 2 to erase the above mentioned
zig-zag pathway constructed by the North Delhi Municipal
Corporation (Respondent no. 1) and Delhi Development
Authority (Respondent no. 2) in February 2017.
(b) Issue further writ, order, or direction in the nature of
mandamus commanding the Respondent No. 1 and
Respondent No. 2 to restore the passage/pathway of about
8 feet width to its original position, which had been
existing since long for more than 40 years.
Alternatively if the original pathway of 8 feet is not
restored to its original position for any reason whatsoever,
a round metal/cemented pole may be ordered or directed
to be fixed in the center of the 8 feet wide passage to curb
the other activities other than the use of passage for egress
and ingress purposes.
(c)AND further issue any other appropriate writs, order or
direction as are deemed fit and proper in the facts and
circumstances of the face and to meet the ends of justice."
2. Having heard learned counsel for both the sides and looking to the
facts and circumstances of the case, it appears that this petitioner is in
search of restoration of the passage/pathway of about 8 feet width to its
original position which was in existence since last approximately 40 years
in the Karol Bagh area.
3. While taking note of the current scenario, it appears that in the last
40 years traffic has been increased, therefore, footpath is bound to be
reduced for widening of the road. However, we direct that respondents
shall construct the pathway in accordance with law, rules, regulations and
Government policy applicable to the facts of the case, especially keeping
in mind the permissible limit of the construction of the pathway in
question. We make it clear that this court is not inclined to give any
specific direction to the respondents for maintaining the width of the
pathway, in question, which was stated to be in existence for the last 40
years.
4. With these observations, this writ petition is hereby dismissed.
CHIEF JUSTICE
C.HARI SHANKAR, J.
OCTOBER 22, 2019/kr
