Delhi HC allows limited public access on roads in Chhatarpur Farms

New Delhi, Aug 21 (PTI) The Delhi High Court has allowed limited public access through the internal roads of DLF Chhatarpur farms.

A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela passed the directions while modifying an interim order, which directed free and unrestricted access through the internal roads.

In an order passed on August 18, the bench said the previous interim order of May 19, virtually amounted to granting the final prayers sought in the writ petition and that it required reconsideration.

The bench was hearing an appeal filed by the Chhatarpur Farm Welfare Society, represented by senior advocate Rajshekhar Rao, along with advocate Sumit Gahlot.

The dispute stems from a petition filed by residents of adjoining colonies who sought removal of gates and barriers restricting their movement through the roads.

The single judge allowed public access without any fee, prompting the society to appeal.

The counsel claimed before the court that the roads inside the area were private streets, created by farm owners from their private lands for ingress and egress and handed over to a co-operative society for maintenance.

The petitioners, however, claimed the roads were public streets and that the society's restrictions were unlawful, pointing out such access was freely available till the COVID-19 pandemic.

The bench observed the DMC Act recognises both private and public streets and the single judge appeared to have overlooked the statutory definition of "private street".

While refraining from deciding the ultimate status of the roads, the bench noted that granting unrestricted public access amounted to allowing key prayers of the writ petition at the interim stage.

As a temporary arrangement agreed upon by both parties, the court permitted residents of surrounding colonies limited access from Gate 1 to Gate 3 via North Drive, Link Road, and Oak Drive.

This access will be available daily between 5 am and 11 pm for pedestrians, cyclists, two-wheelers, four-wheelers, and essential service vehicles such as ambulances and municipal vehicles.

Commercial vehicles like laden trucks, however, will remain barred and access will be restricted only to the specified route, not to other internal roads. PTI UK AMK AMK