ANKUR MUTREJA Vs. STATE OF DELHI

JUDGEMENT

(1.) The petitioner vide the present petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure assails the impugned order dated 1.9.2016 of the learned ASJ-04 Shahdara in C.R. No. 15/2016 as well as order dated 2.2.2016 of the learned Metropolitan Magistrate-01, Shahdara, Delhi in CC No.90/2013 and simultaneously seeks the direction to the State of Delhi, represented by the Delhi Police, to immediately restrain the location of halwais/private caterers in any open area in and around the Gagan Vihar Community Hall, whether within or outside the premises of the Gagan Vihar Community Hall or from creating any other public nuisance in whatever manner as well as quashing the impugned orders as specified hereinabove.

(2.) Oral and written submissions have been made on behalf of either side. The petitioner, in the instant case, is a resident of Unit 1, Ground floor, 156, Gagan Vihar Extension, Delhi-110051, which is located next to the Master Plan Road over Disused Canal. The petitioner submits that there is a community hall commonly known as Gagan Vihar Community Hall, located near his property and also next to the Master Plan Road over disused canal which community hall is managed by the Aviation Employees Co-operative House Building Society (hereinafter referred to as AECHBS). The petitioner submits that there is an open area on the rear side forming part of the community hall and on the western side is an internal road of Gagan Vihar Extension Colony, which is under dispute in the Court of ADM(E) Delhi in a complaint filed by the petitioner himself under Section 133 of the Code of Criminal Procedure. The petitioner submits that the open areas are often used by the various people who organize functions in the community hall and the open areas are used for locating halwais/private caterers either by AECHBS or the organizers themselves with the support and encouragement of AECHBS and that the halwais/private caterers are almost always more than 10 in number and carry out various cooking and ancillary activities including washing of utensils in the open areas and such user increases manifold during the marriage season and occurs almost on daily basis.

(3.) The petitioner further submits that the location of halwais/private caterers in the open area is a public nuisance and cognizable offence under various sections of Chapter 14 of the Indian Penal Code and submits to the effect: