RWA WEST JYOTI NAGAR  Vs COMMISSIONER EDMC & ANR.

W.P(C) 907/2021 Page 1
$~28
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 22.01.20 21
+ W.P(C) 907/2021 & CM APPL.2414/2021
RWA WEST JYOTI NAGAR ….. Petitioner
versus

COMMISSIONER EDMC & ANR. …..Respondents
For the Petitioner : Mr. Nalin Kaushik, Mr. Tarun Avijayran, Ms.
Bhawanshu Sharma and Ms. Purvi Gupta , Advocate s. Advocates who appeared in this case:
For the Respondent: Mr. Kapil Dutta , Advocate for EDMC .
CORAM:-
HON’BLE MR JUSTICESANJEEV SACHDEVA
JUDGMENT
1. Petitioner impugns order dated 06.01.2021 whereby a finding has
been returned by the Executive Engineer of the respondent that the gates
installed in the colony are not permitted and has further held that they are
liable to be removed. SANJEEV SACHDEVA, J. (ORAL)
2. Learned counsel for petitioner submits that subject order was passed
pursuant to directions issued by this Court dated 23.12.2020 in W.P(C) 10994/2020, whereby this Court had directed the Corporation to grant a
hearing to the resident welfare association and thereafter pass the order.
3. Learned counsel submits that on account of an error only the RWA
of West Jyoti Nagar ( Extension) was granted a hearing and the petitioner
2021:DHC:239
W.P(C) 907/2021 Page 2
association is RWA West Jyoti Nagar and they were not granted a hearing.
4. Issue notice. Notice is accepted by learned counsel appearing for the
respondent Corporation who submits that since the RWA of West Jyoti
Nagar Extension was a party in the said W rit Petition, a hearing was
granted to them. He submits that the petitioner association was not a party
and as such no hearing was granted to them.
5. He, however, concedes that a fresh hearing shall be granted to the
petitioner association and a supplementary order passed with regard to the gates installed in the petitioner colony.
6. In view of the above, petition is disposed of with a direction to the
respondents to grant the petitioner association a hearing with regard to the
gates installed in their colony and thereafter to pass a speaking order.
7. For the said purposes the representative of the petitioner association
shall appear before the Executive En gineer, (M)-III, Shahdara North Zone
on 28.01.2021 at 2 PM. The officer shall thereafter hear the petitioners and
pass appropriate orders in accordance with law.
8. Petition is disposed of in the above terms .
9. Copy of the order be uploaded on the High Court website and be
also forwarded to learned counsels through email by the Court Master.

SANJEEV SACHDEVA, J.
JANUARY 22, 2021/rk
2021:DHC:239