Yuva Sangharsh Samiti v. Ashwani Kumar & ORS.

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 245/2025 YUVA SANGHARSH SAMITI .....Petitioner Through:

Mr. Hemant Choudhary, Mr. Nikhil Garg and Mr. Zeeshan Haider, Advocates (through V.C.) versus ASHWANI KUMAR & ORS.

.....Respondents Through:

Mr. Kapil Dutta, Advocate for MCD.

Ms. Shahana Farah and Ms. Sanna Harta, Advocates for DDA.

Ms. Farhat Jahan Rehmani, ASC with Mr. Monis Faridi and Mr. Faizan Khan, Advocates for DUSIB.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 18.02.2025 1.

Petitioner seeks initiation of contempt proceedings for wilful disobedience of order dated 11.12.2024 passed by learned Division Bench of this Court in W.P.(C) 17096/2024.

2.

This Court has carefully gone through the above said order and, according to petitioner, some unauthorized construction was being raised at the site near Meena Bazar, opposite Parade Ground, Jama Masjid, Delhi. During course of hearing of the above said writ petition, respondent/MCD informed that few hutments had been raised for the benefit of labourers, who were working at the site, and that there was no unauthorized construction or encroachment. While disposing CONT.CAS(C) 245/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2025 at 12:08:49

of the abovesaid writ petition, this Court directed the respondents to examine the complaint of the petitioners and if there is any unauthorized encroachment, appropriate action be taken in accordance with law.

3.

According to petitioner, the encroachments are still there. 4.

Learned counsel for respondent/MCD appears on advance notice and submits that there is no encroachment and that the Phase -II of Heritage Park is being constructed as per redevelopment plan. He reiterates that the hutments are only for the benefit of the construction-workers and there is no unauthorized construction. He also submits that respondent MCD shall send a specific reply to the abovesaid effect to petitioner Samiti.

5.

Let such reply be sent to them within four weeks from today. 6.

In view of the above statement/assurance, Mr. Choudhary, learned counsel for petitioner, at the moment, does not press the present contempt petition. He, however, submits that in case any further encroachment comes to his knowledge, he may be permitted to file petition afresh.

7.

The petition stands disposed of in aforesaid terms. Liberty, as prayed, is granted.

MANOJ JAIN, J FEBRUARY 18, 2025 st CONT.CAS(C) 245/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2025 at 12:08:49