Delhi High Court
Vasant Vihar Residents Welfare ... vs Bhavreen Kandhari And Ors on 10 March, 2022
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: March 10, 2022
+ CONT.APP.(C) 5/2022 & CM APPL. 12251-52/2022
VASANT VIHAR RESIDENTS WELFARE ASSOCIATION
..... Appellant
Through: Mr. Kailash Vasdev, Senior
Advocate with Ms. Ekta Mehta,
Ms. Nayantara, Ms. Manya Jha &
Mr.Umrao Singh Rawat, Advocates
Versus
BHAVREEN KANDHARI AND ORS. ..... Respondents
Through: Mr. Aditya N. Prasad & Ms. Dhriti
Ghabra, Advocates for respondent
No.1
Ms. Garima Prasad, Senior Advocate
with Mr. Sanjiv Sabharwal, Standing
counsel for respondent No.2/SDMC
Mr. Jawahar Raja, Additional
Standing Counsel for respondents
No.3 & 5
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
J U D G M E N T (Oral)
1. The appellant, the Vasant Vihar Residents Welfare Association is
aggrieved by orders dated 15.11.2021; 23.12.2021; 17.01.2022 and
03.03.2022, whereby the learned single Judge has directed for the
removal of concrete ramps constructed by house-owners in the
locality connecting the drive-ways of the houses to the road in front
of them. Pursuant thereto, the S.D.M.C. and other authorities have
started demolishing such drive-ways.
2. Pertinently, the appellant-association has filed an intervention
application being CM APPL. No. 10877/2022 in CONT.CAS No.
778/2021 before the learned single Judge, which is coming-up for
hearing on 23.03.2022.
3. Learned senior counsel appearing on behalf of appellant-association
submits that there is no dispute with regard to the directions issued
by the learned single Judge for preservation of trees and for clear and
unhindered access for users to the side-walks/footpaths; however,
the association is aggrieved by the mindless breaking by the
authorities of the concrete ramps connecting the houses with the
roads, especially since the height of the roads has got raised over the
decades and this tends to cause flooding in the houses. That being
said however, and without prejudice to the rights and contentions of
the house owners, learned senior counsel seeks time to obtain
instructions from the association/its members regarding voluntary
removal of un-authorized ramps in co-operation with the municipal
authorities, to subserve the intent and purport of the orders of the
learned single Judge, while at the same time protecting the rights of
the house owners; and to apprise the learned single Judge in that
behalf, on the next date fixed i.e. 23.03.2022.
4. In view of aforesaid submission of learned senior counsel for the
appellant-association, we dispose of the present contempt appeal, by
directing the S.D.M.C. to forbear from taking any further action for
demolishing the concrete ramps, till the application for intervention
(CM APPL. No. 10877/2022) filed by the appellant therein is taken-
up for hearing and decided by the learned single Judge.
5. The appeal is disposed of in the above terms.
6. Pending applications, if any, also stand disposed of.
(SURESH KUMAR KAIT)
JUDGE
(ANUP JAIRAM BHAMBHANI)
JUDGE
MARCH 10, 2022/r
