RESIDENTS WELFARE ASSOCIATION vs GOVERNMENT OF NCT OF DELHI & ORS.

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 10th December, 2025 + W.P.(C) 18712/2025, CM APPL. 77827/2025 & CM APPL. 77828/2025 RESIDENTS WELFARE ASSOCIATION .....Petitioner Through: Mr. Arvind Chaudhary and Mr. Sachin Chaudhary, Advds. versus GOVERNMENT OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Tushar Sannu and Ms. Aqsa, Advs. for MCD Mr. Akhil Mittal, ASC with Ms. Riddhi Jain and Ms. Shayna Das Pattanayak, Advs. for R-4 Mr. Sudhir Naagar, Mr. Piyush Aggarwal and Mr. Aditya Chauhan, Advs. for R-5 Mr. Vivek Sharma, SPC with Ms. Vinita Kakshi, Adv. for SHO CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (ORAL): 1. The present writ petition has been filed seeking to restrain the respondent nos. 2 to 4 from demolishing the security gates installed under the MLA Local Area Development Scheme within the petitioner Society. There is further prayer for restraining the respondent nos. 1 and 4 from forcing the petitioner to allow ingress and egress of outsiders to use the passage for accessing Gate No. 2 of respondent no. 5- Bal Bhavan Public Signature Not Verified Digitally Signed Page 1 of 9 By:HARIOM SHARMA Signing Date:11.12.2025 18:01:31 School. 2. The petitioner also prays for direction to respondent nos. 1 to 4 to ensure strict compliance of the Conditional order passed by the Sub- Divisional Magistrate (“SDM”), Gandhi Nagar dated 15th September, 2010, under Section 133 of the Code of Criminal Procedure (“CrPC”) against respondent no. 5-School. 3. Learned counsel appearing for the petitioner submits that the respondents intend to demolish the security gates in question, which have been installed by the local Member of Legislative Assembly (“MLA”) from the funds allocated under the MLA Local Area Development Scheme for the saf