Satish Kumar v. Sh Ashwani Kumar & ORS.

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SATISH KUMAR .....Petitioner Through:

Mr. Ankit Singh Sinsinwar with Mr. Ravi Kumar, Advocates.

versus SH ASHWANI KUMAR & ORS.

.....Respondents Through:

Mr. Mukesh Gupta with Mr. Sachin Singh, Ms. Shashi Gupta and Mr. Arnav Gupta, Advocates for MCD.

Mr. Farman Ali, SPC for UOI with Ms.Usha Jamnal and SI Manish Phogat, Advocates for respondent Nos.2 and 3.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 11.02.2025 1.

Petitioner seeks initiation of contempt proceedings against respondents for wilful disobedience of order dated 14.02.2023 passed in W.P.(C) 1874/2023 and also for not complying with the directions contained in order dated 07.08.2023 in Cont.Cas(C) 1085/2023 which had been earlier filed by petitioner.

2.

Admittedly, when the writ petition was disposed of on 14.02.2023, it was noted that there was unauthorized construction on the subject property and the above said property was, accordingly, booked and sealing proceedings had been initiated and even a demolition order had been passed.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

In view of the above, the above said writ petition was disposed of with direction to the concerned civic agencies to take necessary action expeditiously in accordance with law, preferably, within a period of four months from the date of such order.

4.

Earlier contempt petition was also disposed of by this Court as MCD had informed that further demolition action was slated for 11.08.2023.

5.

It has now been contended by the petitioner that despite the above said directions, nothing has been done so far and the building is still intact. Photographs of the building have also been annexed with the petition.

6.

However, status report had been submitted by MCD and in para 9 of such status report, they have clearly given the details of the action which they have already taken. It is submitted that earlier the action could not be taken due to non-availability of police force. 7.

It is reiterated that the property is lying sealed and RCC panel at roof slab of fourth floor has already been demolished/cut down. 8.

Learned counsel for MCD also submits that further demolition action is now to be taken on 18th instant.

9.

A copy of status report has been supplied to learned counsel for petitioner during course of hearing. .

10.

Mr. Farman Ali, learned counsel for respondent Nos.2 and 3 i.e. Delhi Police, submits that whenever there is further intimation from MCD, it will be ensured that requisite police assistance is provided so that further action is taken by MCD with respect to subject property. 11.

In view of above, the petitioner, at the moment, does not press The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

his contempt petition and seeks to withdraw the same. He, however, seeks liberty to revive the same in case there is no further development in the matter.

12.

The petition stands disposed of. Liberty, as prayed, is granted. MANOJ JAIN, J FEBRUARY 11, 2025 st The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.