SATISH CHAND GUPTA Vs. MCD

JUDGEMENT

(1.) The present petition is filed by the petitioners praying inter alia for issuance of directions to respondents No.1, 3 and 5 to remove the encroachment on public land outside premises No.2/2, 2/3, 2/4, Roop Nagar, Delhi, and premises No.43-A, 28-E, 29-E, 42-E, D-176, Kamla Nagar, Delhi, and other places surrounding the residence of the petitioners, i.e., premises No.2/2, Roop Nagar, Delhi.

(2.) Counsel for the petitioners states that respondents No.6 to 8 are the brothers of the petitioners and all of them are residing in the same premises, i.e., premises No.2/2, Roop Nagar, Delhi. He further states that the petitioners have filed a suit for partition against respondents No.6 to 8 in respect of premises No.2/2, Roop Nagar, Delhi, which is pending adjudication on the original side of this Court. He contends that respondents No.6 to 8 are running a factory in a part of the subject premises, by installing an oil extracting machine and thus creating a nuisance in a residential area.

(3.) Counsel for respondents No.1 to 3/MCD, who appears on advance copy, states that the present petition is misconceived and an attempt on the part of the petitioners to settle their personal scores with respondents No.6 to 8. She submits that the officers of the MCD have been taking regular steps to remove the encroachment in the Kamla Nagar area, particularly, premises No.2/2, 2/3, 2/4 as also 66/67-E, D-128, 173, 174, 175 and 176, which are situated in the market area. In support of the said submission, she hands over copies of the letters dated 25.01.2012, 03.02.2012, 07.02.2012 and 08.02.2012 addressed by the MCD to the local police. The same are taken on record.