W.P.(C)/7747/2017 of KALIMUDDIN Vs EAST DELHI MUNICIPAL CORPORATION & ORS

*IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 7747/2017 & CM APPLs. 31972-31973/2017

KALIMUDDIN

..... PetitionerThroughMr. Shashi Bhushan and Mr. KunalC. Suman, Advs.

versus

EAST DELHI MUNICIPAL CORPORATION & ORS

..... Respondents

ThroughNone.

CORAM:HON'BLE MR. JUSTICE A. K. CHAWLAO R R%01.09.2017

With the petition filed under Article 226 of the Constitution ofIndia, the petitioner seeks directions by way of mandamus torespondent nos. 1 and 2 to seal the banquet/marriage halls as findmention in the array of respondents from 3 to 16 on the premise thatthesearebeingrununauthorizedlyorhavingunauthorizedconstruction.

To ascertain as to what prompted the petitioner to file theinstant petition and seek directions as prayed for, on being queried, ld.counsel for the petitioner only submits that he is vigilant resident ofEast Delhi and because of running of banquet halls, he gets stuck intraffic and there are other incidents of pollution. Petitioner, as per theaffidavit filed, is aged about 45 years and resident of Janta Colony,Welcome, Delhi and on being queried, as to whether the petitioner on

his part, ever took any initiative to take care of even sewerage issuesin his locality or where, the poor people are living, the answer comesto be given in the negative. As for the petition, it is quite vague forthesubjectbanquethallsormarriagehallsetc.beingrununauthorizedly or illegally constructed. The bonafide of the petitionerin filing the instant petition is thus, seriously in doubt.

In the given facts and circumstances, this Court refuses toexercise its discretion in issuing directions, as prayed for. Petition istherefore, dismissed. It is however, expected of the respondent nos.1and 2 to consider the petition and take the appropriate necessaryaction(s), as may be required, as expeditiously as possible.

A. K. CHAWLA, J

SEPTEMBER 01, 2017rc