Access over Jor Bagh Association gates: Dispute resolved, Delhi HC told

The HC was hearing a plea seeking directions to open certain gates of the upscale South Delhi colony during the day as closed gates were posing an inconvenience to the public. The plea was moved by the residents association of BK Dutt Colony and one Karamvir Singh Nagar, who claimed the Jor Bagh residents’ welfare association (RWA) had locked the colony gates, inconveniencing the public at large as they were unable to access schools, banks, temples and market areas in the colony.

On Friday, the court was informed that “gate number 7 is manned at the cost of the Association and has been opened from 6.30 am till 9 pm”, and that the petitioner and association have “approved a sticker to be provided to members of the petitioner, on its members making an email request to the Association”. The HC was informed that the Association shall provide the “said stickers to such applicants for affixing the same on their cars”.

The HC was also informed that the association “will look into the possibility of providing such stickers or RFID tags to two-wheeler owners of the petitioner society”.

However, “when processions and/or other crowd movements take place from BK Dutt Colony (Karbala), the Association shall be entitled to keep gate 7 closed… as advised by police or other security/law-enforcement agencies from time to time”, the court was told.

Considering the submissions, which were agreed to by the petitioner represented by Advocates Ajay Chowdhary and Harsh Ahuja, the HC said, “In light of the aforesaid understanding, the writ petition stands withdrawn.”

Last month, the court had directed the Jor Bagh Association to state “categorically whether it is a gated colony and whether it enjoys the privilege of locking gates, and if so, then under what statutory provision”.

The plea said the association had closed its gates during the pandemic in 2020. But while other RWAs had opened their colony gates after restrictions were eased, the Jor Bagh Association did not and instead passed a resolution that all gates would remain closed, except gate 1.

The plea stated that there are approximately 1,100 houses and 3,000-4,000 people residing in BK Dutt Colony and some 3,000 people living in Lodhi Colony area. The petitioners said there are no banks in BK Dutt Colony and most residents had opened accounts in the five banks in Jor Bagh. Further, students of two schools located inside the colony, Navyug School and Sarvodaya Vidyalaya, have to take a longer path.