The Delhi High Court has permitted limited public access through the internal roads of DLF Chhatarpur farms, modifying an earlier interim order that had directed unrestricted entry.
A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, in its August 18 order, observed that the single judge’s interim direction of May 19 virtually amounted to granting the final relief sought in the writ petition and therefore required reconsideration.
The case originated from a petition filed by residents of adjoining colonies, who sought the removal of gates and barriers restricting their passage through the internal roads. A single judge had earlier directed free public access without any charges, which was challenged by the Chhatarpur Farm Welfare Society.
Represented by senior advocate Rajshekhar Rao and advocate Sumit Gahlot, the society argued that the roads were private streets created by farm owners on their lands for personal ingress and egress and later handed over to a co-operative society for maintenance. The petitioners, however, maintained that the roads were public streets and said restrictions were unlawfully imposed after the COVID-19 pandemic, pointing out that free access had existed earlier.
The bench noted that the Delhi Municipal Corporation (DMC) Act recognises both public and private streets, and the single judge had overlooked the statutory definition of “private street.” The court refrained from ruling on the ultimate status of the roads at this stage but held that unrestricted interim access effectively allowed the key reliefs sought in the main petition.
As a compromise, both sides agreed to a limited-access arrangement. The court allowed residents of nearby colonies to use the route from Gate 1 to Gate 3 via North Drive, Link Road, and Oak Drive. This access will remain open daily between 5 am and 11 pm for pedestrians, cyclists, two-wheelers, four-wheelers, and essential service vehicles like ambulances and municipal vans.
