$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010472722026 + W.P.(C) 14523/2026 AMIT AGGARWAL .....Petitioner Through: Mr Himanshu Verma and Mr Kuldeep Baisla, Advs. (M- 9958883444) versus MUNICIPAL CORPORATION OF DELHI AND ORS. .....Respondents Through: Mr. Harshit Chopra, Standing Counsel MCD alongwith Mr. Khushal Chand Agarwal and Ms. Nidhi Mutreja, Advs. for R1/MCD and Mr. Sanjay Beniwal, License Inspector General Branch, General Branch South Zone MCD (M- 9911543883) Ms Nitika Bhutani (Panel Counsel, GNCTD) (M-8889990614) Mr. Akash Chatterjee Advocate SPC, Mr. Kushagra Sachdeva, GP (M-9999347660) Ms. Manika Tripathy and Mr. Anupam Agrawal, Advs. for DDA (M-9893633286) CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 30.09.2026 1. By virtue of the present petition under Articles 226/227 of the Constitution of India, the petitioner seeks the following reliefs:- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2026 at 11:17:13 “A. Direct the Respondent authorities to conduct a joint inspection of the PWD service road and the public pedestrian footpath at and around Gate No. 1, DDA Sector-A, Pocket B & C, Vasant Kunj, New Delhi; B. Direct the Respondent authorities to remove the barricades, grills, cemented bollards and other obstructions from the PWD service road and restore the same to unobstructed public use; C. Direct the Respondent authorities to remove the occupation/encroachment upon the public pedestrian footpath along the said service road and restore the footpath for pedestrian use; D. Direct the Respondent authorities to take immediate action, for removal/demolition of the unauthorized permanent guard room situated upon the public pedestrian footpath near Gate No. 1 and to restore the affected portion of the footpath to its intended public use; E. Direct the Respondent authorities to take appropriate steps to ensure that the public service road and pedestrian footpath are not subjected to further unauthorized construction, encroachment or obstruction; F. Direct the Respondent authorities to place on record an Action Taken Report before this Hon'ble Court regarding the inspection, action taken for removal of the encroachment/permanent structure, and restoration of the public footpath; G. Direct the Respondent authorities to identify, in accordance with law, the persons responsible for the unauthorized construction/encroachment and take such action as may be permissible in law. H. Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.” 2. As evident from the assertions made, grounds raised, prayers sought and the arguments made by the learned counsel of the petitioner in support This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2026 at 11:17:13 thereof, it is the case of the petitioner being a resident of the area uses the said service road in question and is concerned with the obstruction of public roads and footpaths in the area and has approached this Court on account of the continuing inaction of the concerned authorities. 3. Therefore, there is no fundamental right of the petitioner affected and/ or violated for him to file the present petition under Article 226 of the Constitution of India and calling upon this Court to exercise its powers therein. 4. At this stage, learned counsel for the petitioner seeks to withdraw the present petition with liberty to take appropriate remedy, as and when required, in accordance with law. 5. The present petition is accordingly dismissed as withdrawn with liberty as prayed for. SAURABH BANERJEE, J SEPTEMBER 30, 2026/rr This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2026 at 11:17:13