W.P.(C)/13302/2024 of VED PRAKASH Vs MUNICIPAL CORPORATION OF DELHI & ORS. - High Court of Delhi (High Court of Delhi)

$~96 
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IN  THE  HIGH  COURT  OF  DELHI  AT  NEW  DELHI 
+  
W.P.(C) 13302/2024 & CM APPL. 55546/2024 
 
VED PRAKASH  
 
 
 
 
          .....Petitioner 
 
 
 
 
Through: 
Ms.Manpreet Kaur, Adv. 
 
 
 
 
 
versus 
 
 
MUNICIPAL CORPORATION OF DELHI & ORS.  .....Respondents 
 
 
 
 
Through: 
Ms.Puja s.Kalra, Adv for MCD. 
 
 
 
 
 
 
Mr.Abhishek Khanna, SPC with 
 
 
 
 
 
 
Mr.Kapil Yadav, GP for R-4. 
CORAM: 
HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV 
 
 
 
 
O R D E R 
% 
 
 
 
23.09.2024 
CM APPL. 55547/2024 (Exemption) 
1. 
Allowed, subject to all just exceptions.  
2. 
The application stands disposed of.  
W.P.(C) 13302/2024 & CM APPL. 55546/2024 
1. 
The instant petition has been filed seeking for the following reliefs:- 
(a) issue a writ of mandamus or any other appropriate writ, order or  
direction in the nature thereof, thereby directing the respondent No.1 to 
4 to take immediate action against the Respondent No.5 to 7 for 
illegally encroaching on the public passage/road and running illegal 
eating house and food corner by the name of "Sharma Corner" & 
"Veeru Fast Food & Chicken Corner" from the property bearing 
No.4365, Gali No.58, Raigar Pura, Karol Bagh, New Delhi-110005; 
 
(b) pass any other or further order(s) as may this Hon'ble Court may deem 
fit and proper in the facts and circumstances of the case in favour of the 
petitioner and against the Respondent. 
 
2. 
A bare perusal of the prayer indicates that the same would require the 
issuance of continuing mandamus, as the nature of encroachment appears to 
be recurring. 
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 30/09/2024 at 12:54:55

3. 
The Court takes note of the order dated 20.08.2024 in W.P.(C.) 
11400/2024 titled as Sh. Nilabh Sharma v. Municipal Corporation of 
Delhi, wherein, the issue revolved around the causing of public nuisance due 
to the placement of dustbins near the petitioner‟s house. This Court 
dismissed the petition while reserving the right in favour of the petitioner to 
avail the remedy under Section 152 of Bharatiya Nagarik Suraksha Sanhita, 
2023 [hereinafter referred as “Sanhita”]. The relevant observations of the 
Court in the said case read as under:- 
“9. In another case titled as Gobind Singh v. Shanti Sarup, which involved 
the magistrate directing the owner of the bakery to demolish his oven and 
chimney as it caused inconvenience to the public at large, the Supreme 
Court has held as under:-  
 
“7. It is true that the learned Additional Sessions Judge did not 
agree with the findings of the Sub-Divisional Magistrate, but 
considering the evidence in the case, the reasons given by the 
Magistrate in support of his order and the fact that the High Court 
was unable to accept the recommendation made by the Additional 
Sessions Judge, we are of the opinion that in a matter of this nature 
where what is involved is not merely the right of a private individual 
but the health, safety and convenience of the public at large, the 
safer course would be to accept the view of the learned Magistrate, 
who saw for himself the hazard resulting from the working of the 
bakery.”  
(emphasis supplied) 
 
10. The Division Bench of the Punjab and Haryana High Court in the 
case of Vipan Kumar v. State of Punjab, while dealing with a case where 
the prayer involved removal of garbage reinforced the position that the 
subdivisional magistrate is invested with the powers under Section 133 of 
CrPC to remove nuisance. The relevant paragraphs of the said decision 
is reproduced herein for reference:- 
 
“6. It is to be noticed that the Sub-Divisional Magistrate, 
Mukerian who is present in Court has powers under Section 133 
of the Code of Criminal Procedure (Cr.P.C. - for short) for 
removal of nuisance.  
 
7. Hon'ble the Supreme Court in Municipal Council, Ratlam v. 
This is a 

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