RESIDENTS WELFARE ASSOCIATION RAM ROOP SINGH THR. ITS GENERAL SECRETARY vs SH. NAVEEN @ DEEPAK & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 7th May, 2025 Pronounced on: 14th July, 2025 + CRL.M.C. 5138/2018, CRL.M.A. 33811/2018 & 30193/2023 RESIDENTS WELFARE ASSOCIATION AYA NAGAR THROUGH ITS GENERAL SECRETARY RAM ROOP SINGH at C-3 Block, Aya Nagar Extension, Mehrauli Tehsil, Delhi .....Petitioner Through: Ms. Tamali Wad, Sr. Advocate with Mr. Varyam Pandey, Advocate. versus 1. SH. NAVEEN @ DEEPAK S/o Sh. Chottey Lal 2. SH. ASHOK S/o Sh. RAMPAL 3. GOVERNMENT OF NCT OF DELHI through its SDM at Old Tehsil Building Mehrauli, New Delhi (Proforma Respondent) .....Respondents Through: None. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Petition under Section 482 Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) has been filed by the Petitioner/ CRL.M.C. 5138/2018 Page 1 of 17 Signature Not Verified Signed By:ANIL KUMAR BHATT Signing Date:17.07.2025 18:25:06 Residents Welfare Association through its General Secretary Ram Roop Singh (hereinafter referred to as „RWA‟) to challenge Order dated 06.09.2018 passed by learned ASJ, New Delhi, whereby the Order of SDM, Mehrauli dated 06.04.2018 under Section 133 Cr.P.C. directing removal of obstruction wall, was set aside. 2. Brief facts are that Petitioner RWA, which is representing more than 300 families residing in Block C, Phase IV, Ayanagar Extention, a very densely populated area, filed a Complaint dated 12.12.2017 before SDM, Mehrauli, depicting the difficulties being faced by residents of the Colony on account of lack of proper access/ road to their Colony. 3. It was submitted in the Complaint that this Colony was demarcated back in 1990, when the Colony was surrounded with vacant plots. Now, over a passage of time, entire colony has been inhab