ANKUR MUTREJA Vs. DELHI POLICE

JUDGEMENT

(1.) Present writ petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure for issuance of a writ of mandamus seeking a direction to Delhi Police to pass orders u/s 149 Cr.P.C addressed to the Secretary, Aviation Employees Co-operative House Building Society (hereinafter referred to as the 'Society') restraining them from locating halwais/private caterers in any open area in and around 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 and to take immediate steps on failure of the society to obey the orders passed by Delhi Police.

(2.) The background facts are that the petitioner is resident of Unit I, Ground Floor, 156, Gagan Vihar Extension, Delhi which is located next to the Master Plan Road over disused canal. There is a community hall commonly known as Gagan Vihar Community Hall which is managed by the Society and is also located next to the Master Plan Road over disused canal. There are open areas on the rear southern side and western side of Gagan Vihar Community Hall Building. The open area on the rear side forms part of the Community Hall premises and on the western side is an internal road of Gagan Vihar Extension Colony whose status is under dispute in the Court of ADM(E) Delhi in a complaint filed by the petitioner u/s 133 Cr.P.C. The said open area is often used by various people who organize functions in the community hall. The open areas are used for locating halwais/private caterers either by the society or the organizers themselves. The halwais/private caterers carry out various cooking and ancillary activities including washing of utensils in the open area. The location of halwais/private caterers in the open area is a public nuisance and cognizable offence under various sections of Chapter XIV IPC. Several complaints were filed with the SHO of local police station, ACP, DCP, Addl. CP, Joint CP and CP of Delhi from the year 2008 to 2012 complaining about nuisance but no action has been taken by Delhi Police till date. However, ADM(E) Delhi has passed a conditional order u/s 133(1)(a) Cr.P.C followed by an interim order restraining the society from locating halwais/private caterers in the western side open area and the location of halwais/private caterers stopped on the western open area thereafter, but it continued in the said rear open area which falls within the community hall premises itself. A complaint u/s 473 DMC Act was also filed which was transferred to the learned Municipal Magistrate, Karkardooma Courts, Delhi for removal of nuisance from the community hall premises. In a revision petition, an interim order was passed by learned Additional Sessions Judge restraining the society from washing utensils in the open area outside, which order was not obeyed by the Society, as such contempt petition was filed. A complaint was also filed before the ACP Preet Vihar but no action was taken. A criminal complaint u/s 200 Cr.P.C read with Section 156(3) Cr.P.C was filed before the learned ACMM(E) Delhi which was transferred to Sh. A.K.Aggarwal, learned M.M. Karkardooma Courts, Delhi and the Court has taken cognizance of the criminal complaint filed before it. The disobedience and public nuisance continued, hence this petition.

(3.) Respondent no.1, Delhi Police filed the status report submitting therein that during the course of inquiry, on the complaints filed by the petitioner, it was revealed that the society has managed the community hall, commonly known as Gagan Vihar Community Hall. There is open area on the rear southern and western side of the community hall building and forms part of the community hall premises. Enquiry was made from Sh. S.N.Singhal, Secretary of the society who stated that he is looking after the work of the community hall and functions and marriages take place in the community hall, when halwais sit in the area belonging to the community hall only and they clean up the place completely after cooking etc and the halwais do not create or leave dirty water and garbage in the adjacent foot path. The various written complaints, e-mails and PCR calls made by the petitioner do not reveal any cognizable offence, as such, same were filed. However the petitioner has approached the various authorities/ADM/learned M.M. The petitioner is in the habit of making such types of complaints.