Delhi High Court seeks police report on alleged move by Dwarka housing society to drive out bachelor tenants

The Delhi High Court recently asked the Delhi Police to submit a report on allegations that a housing society in Dwarka had tried to force bachelor tenants to vacate their flats [Home Residency Infratech Pvt Ltd V. Surjeet Singh Gehlaut And Ors].

Justice Mini Pushkarna granted the police four weeks to file the status report and listed the matter for hearing on March 13.

The matter concerns a notice issued by the Bairwa Bharti Managing Committee in July 2022. The notice called for the vacation of the flat premises by bachelor tenants and commercial offices in the housing society located in Dwarka.

A district court stayed the notice in August 2022.

Home Residency Infratech Private Limited, a private company that owned a flat in the society, later moved a contempt of court case before the Delhi High Court over the alleged violation of the district court order.

The Court was told that the discrimination against bachelors and commercial offices had continued despite the district court's stay order.

In a recent application, the Court was told that on January 4, the managing committee members along with the security guards did not let the bachelor tenants enter into the society. 

A female bachelor tenant from the North East was also being harassed for not knowing Hindi, it was submitted while highlighting the discriminatory environment in the society.

Earlier, on August 11, 2023, the High Court had directed the police to ensure compliance with the stay order and to ensure that no bachelor tenants are unnecessarily harassed.

However, the Court recently was told that despite the stay order, the management members have stopped the tenants on various occasions.

“The conduct of respondents is implicitly and constructively creating a discriminatory environment to make the bachelors vacate the society flats,” advocate Samridhi Arora, representing the petitioner, submitted.

The Court was further told the discriminatory treatment of the bachelor tenants involves requiring them to sign a register multiple times a day upon entering the society, a requirement not imposed on other residents of the society.

Thus, the petitioner sought the preservation of the CCTV footage of Classic Apartment, Bairwa Bharti CGHS Limited, particularly with respect to the January 4 incident where the managing committee members allegedly did not allow bachelor tenants to enter the society around 12 PM.

The Court has issued notice on the application and sought a response within four weeks.

“Let reply be filed within four weeks. Rejoinder, if any, be filed within one week thereafter,” it ordered.

Advocates Samridhi Arora and Sanjana represented the petitioner.

Advocate Avni Singh represented the Delhi Police.

[Read Order]