Hina v. Sh Ashwani Kumar Commissioner

$~103 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1046/2024 HINA .....Petitioner Through:

Mr.

Shivendu Singh, Mr.

Ravish Kumar, Mr. Shiv Kirti Singh and Mr. Rinku Yadav, Advs.

versus SH ASHWANI KUMAR COMMISSIONER .....Respondent Through:

Dr. Divya Swamy, Standing Counsel with Mr. Rishav Rajan, Ms. Nidhi Kumar, Ms. Akriti Singh, Mr. Shubham Mishra and Mr. Yash Jain, Advs. for MCD

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 10.07.2024 CM APPL. 38198/2024 (Ex.) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CONT.CAS(C) 1046/2024 3.

The petitioner is seeking initiation of contempt proceedings against the respondent/MCD for alleged wilful disobedience of the directions of this Court dated 15.12.2023, whereby the respondent had been directed to take action with regard to the unauthorized construction in the premises in question.

4.

Learned counsel for respondent/MCD is present on advance notice.

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 02/07/2025 at 04:39:07

5.

Learned counsel for respondent/MCD submits that the property in question has already been ordered to be sealed vide order dated 08.07.2024. It is pointed out that in the course of action, two rooms and one bathroom on the stilt floor have been sealed and demolition action with police assistance shall follow within a reasonable period of time.

6.

Learned counsel for the respondent has placed on record a copy of the letter dated 08.07.2024 issued by the Assistant Engineer (Building) South-Zone. Let the same be digitized. 7.

In view of the statement made by learned counsel for the respondent at the Bar, the present petition is disposed of with direction to the respondent to take appropriate demolition action in accordance with law.

8.

The petitioner is hereby at liberty to revive the proceedings in case the respondent/MCD fails to take any further action as per law. DHARMESH SHARMA, J.

JULY 10, 2024 sp 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 02/07/2025 at 04:39:07