SATENDER KUMAR JAIN Vs. MCD

JUDGEMENT

(1.) The present petition has been filed by the petitioner praying inter alia for calling upon the respondent No.1/MCD to reinstall the statue of Shaheed Bhagat Singh in the MCD park near Mata Mandir, Roop Nagar, Delhi, allegedly removed by the respondent No.3 in collusion with the officials of the respondents No.1 & 2. Notice was issued on the present petition vide order dated 23.5.2011 and it was directed that till the next date of hearing, status quo be maintained by MCD with regard to installation of any statue in the park in question described by the petitioner as "Shaheed Bhagat Singh Park".

(2.) Learned counsel for the respondent No.1/MCD has questioned the locus standi of the petitioner to file the present petition as it is contended that he is neither residing in, nor working in the area in question, nor has he shown how he has a particular interest in the area in question.

(3.) Upon a pointed query addressed to the learned counsel for the petitioner as to the particular reason for seeking the relief as sought in the present petition in respect of installation of a bust of Shaheed Bhagat Singh in a park in an area where he is neither residing nor working, no satisfactory reply is given by the learned counsel for the petitioner, except for stating that one day when the petitioner was passing by the park, he had noticed that some unknown persons were trying to remove the statue of Shaheed Bhagat Singh which made him file this petition. A perusal of the writ petition shows that no such averment has actually been made by the petitioner therein.