ANITA SHARMA Vs. EAST MUNICIPAL CORPORATION

JUDGEMENT

(1.) The instant Writ Petition has been filed as a Public Interest Litigation ('PIL') under Article 226 of the Constitution seeking a Writ of Mandamus or any other appropriate writ/ order/ direction to Respondent Nos. 1,2 and 3 to restrain Respondent No. 4 from carrying out further construction at No. 9/ 1018 old no. 489 Khasra No. 550/393/61 measuring 3540.88 Sq. Mtrs. situated at Prem Gali East, Gandhi Nagar, Delhi,('Subject Property'), and to further direct Respondent Nos. 1,2 and 3 to take action as per law on the basis of the complaints filed by the Petitioner with the said authorities.

(2.) The Petitioner herein has stated herself to be a social worker who is actively engaged in helping various Non-Governmental Organizations ('NGOs').Respondent No. 1 herein is the erstwhile East Delhi Municipal Corporation ('EDMC') which now stands merged with other civic bodies and now comes under the Municipal Corporation of Delhi ('MCD'), Respondent No. 2 is the Monitoring Committee of the MCD, Respondent No. 3 is the Station House Officer ('SHO') of Police Station, Gandhi Nagar, Delhi, under whose jurisdiction it has been stated that the property in question is situate, and Respondent No. 4 herein is M/s Parmesh Multiplex Pvt. Ltd., i.e., the owner of the Subject Property as stated by it on the counter affidavit filed by it.

(3.) At the outset, it is pertinent to note that the Petitioner had preferred an earlier Writ Petition bearing No. 10500/ 2021 on the same subject matter. However, it came to be dismissed as withdrawn vide an Order dtd. 20/9/2021 of a Ld. Single Judge of this Court with a right to file a PIL, in accordance with the Delhi High Court Public Interest Litigation Rules, since it was canvassed by the Petitioner therein that the grievances raised were for the benefit of the public at large.