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This is an archive article published on July 7, 2023

Woman vs RWA over paying respect to a Guru: Delhi HC offers interim arrangement

The HC heard the interim application moved by the woman seeking “ad interim directions” restraining the RWA and its members from stopping visitors coming to her residence on July 7, and every Monday, to pay their respects to “Shri Nirmal Singhji” (or Guruji) who used to live in her house.

Resident Welfare Associations, delhi high court, delhi HC, rwa, Delhi news, New Delhi, Indian Express, current affairsAccording to the suit, the woman is a devotee of “Guruji” who lived in her residence between 1997 to 2007. The suit states that for over 27 years, during the lifetime of Guruji and thereafter, people have been visiting the woman’s residence “out of respect for Guruji and to feel blessed”. It further states that every Monday, a maximum of around 100 guests, in a staggered manner visit the woman’s residence with valid ID proofs.
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A dispute has been raging between a 70-year-old resident of a posh colony in the city and its Resident Welfare association over access to the former’s house by visitors who want to pay their respect to a popular guru who used to live there. The matter finally went to court. On Thursday, the Delhi High Court provided an interim resolution.

The HC heard the interim application moved by the woman seeking “ad interim directions” restraining the RWA and its members from stopping visitors coming to her residence on July 7, and every Monday, to pay their respects to “Shri Nirmal Singhji” (or Guruji) who used to live in her house.

Senior advocate Sunil Dalal appearing for the defendants – Empire Estate Residents Welfare Association as well as its president, general secretary and treasurer — vehemently argued that the suit filed by the woman was not maintainable. He said the colony, located on MG Road in Sultanpur, was a “gated colony” and “permitting a huge number of devotees to her residence is a security hazard for all other residents”.

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Taking into account that it was already Thursday, a single-judge bench of Justice Rekha Palli put a suggestion to senior advocates appearing for the parties whether the woman can, as proposed in her July 3 communication to the society, “by way of an interim arrangement” be permitted to have “500 visitors” at her residence in a “staggered manner” on July 7.

Dalal on “instructions” from his clients submitted that without prejudice to his submission that the suit is not maintainable, “taking into account the short time available”, the defendants would have no objection if the woman is permitted 500 visitors at her residence tomorrow between 10 am and 9 pm in a staggered manner “subject to the conditions mentioned” in her July 3 letter.

He, however, said there should be a “cap on the number of people” present at her residence at any given point of time and the entry of guests should be subject to “production of photo identity cards which should be shown to the guard on duty at the gate of the society at the time of entry”.

This suggestion was acceptable to senior advocate Rajeev Virmani, appearing for the woman, who said that his client by 7 pm today will share the guest list for July 7 with the local police.

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It was also submitted that she does not have an objection to guests being allowed to enter the colony only on production of the photo ID card. Virmani further assured the court that his client will not allow more than 150 people to congregate at her residence at any given point of time and will abide by the conditions in her July 3 communication.

“In the light of this stand taken by the parties, hearing is being deferred by directing that the parties will remain bound by the aforesaid interim arrangement. The parties further agree that till the next date, as proposed by the plaintiff, up to 100 guests on due production of their photo identity card, will be permitted to visit her residence every Monday,” the HC said. The matter is now listed on August 2.

According to the suit, the woman is a devotee of “Guruji” who lived in her residence between 1997 to 2007. The suit states that for over 27 years, during the lifetime of Guruji and thereafter, people have been visiting the woman’s residence “out of respect for Guruji and to feel blessed”. It further states that every Monday, a maximum of around 100 guests, in a staggered manner visit the woman’s residence with valid ID proofs.

Among other reliefs, the main lawsuit seeks a “permanent injunction” against defendant No. 1, its members from causing any hindrance or obstruction in the ingress to and egress from the woman’s residence on July 7 or any other date.

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