O P KHULLAR Vs. MCD

JUDGEMENT

(1.) THE petitioners, being the residents of the colony of Bank Enclave near Laxmi Nagar, Delhi ? 110 092 have filed the present petition seeking mandamus against the respondent no.1 MCD to remove the gates illegally installed near houses No.108, 87 and 43 in the said colony. THE counsel for the petitioner in this regard relies on Vasant Kunj Residents Welfare Association v. Lt. Governor of Delhi AIR 2001 Delhi 271, Kailash Chander v. MCD 1975 Rajdhani Law Reporter (Note) 12, Ram Lal v. Dharam Vir 93(2001) DLT 702, V.N. Sethi v. State 97 (2002) DLT 831, Revolution (Forum for Awareness) v. Govt. of NCT of Delhi State 2002 VI AD (Delhi) 719, Sundari H. Navani v. MCD 135 (2006) DLT 124 and THE Municipal Corporation of Delhi v. Hira Lal Tota Ram AIR 1972 Delhi 29.

(2.) NOTICE of the petition was issued. The respondent no.1 MCD has filed an affidavit stating that it has no objection in removing of the gates. The counsel for the respondent no.3 RWA however on instructions from the office bearers states that the respondent no.3 RWA is willing to keep the gates open between 5.00 am (in the morning) to 11.00 pm (in the night).

(3.) THE petition is disposed of. No order as to costs. Dasti under the signatures of court master.