In a writ petition filed before the Delhi High Court seeking quashing of notices dated 13-05-2026, 11-05-2026, 08-05-2026, 07-05-2026, as well as 05-05-2026, issued under Section 34 of the Disaster Management Act, 2005, a Single Judge Bench of Justice Purushaindra Kumar Kaurav dismissed the petition for not being maintainable, but granted them liberty to file a properly constituted petition.
The petitioner, Yamuna Bazar Residents Welfare Association, a society registered under the Societies Registration Act, 1860, also sought directions to restrain the respondents from undertaking demolition, dispossession, sealing, eviction, or coercive action against the residents and occupants of Yamuna Ghat 2 to 32 situated at Yamuna Bazar, Kashmere Gate, Delhi. They also sought a lawful, family-wise survey, a rehabilitation exercise, a heritage assessment, and the identification of temples before taking any coercive action.
The Court found that it had not been disclosed in the petition whether the affected members had duly authorized the petitioner to file the present petition. It was said that the members of the petitioner society would have to state the same to be bound by the directions and that there could be no unilateral directions unless the petitioner established the locus.
The Court noted that the present matter was not a Public Interest Litigation but only a petition purportedly instituted by the petitioner society on behalf of local residents. Hence, the petitioner was dismissed for not being maintainable, but the Court granted liberty to the petitioner to file a properly constituted petition with due authorization.
Appearances:
For Petitioner – Mr. Sandeep Tyagi
For Respondents – Mr. Sanjay Kumar Pathak (SC), Ms. Prabhsahay Kau, Mr. Shashi Pratap Singh, Mrs. K. Kaomudi Kiran Pathak, Mr. Sunil Kumar Jha, Mr. M.S. Akhtar, Mr. Kushagra Dixit, Mr. Aditya Verma
