Dr Mahesh Chandra Mishra v. Municipal Corporation Of Delhi & ORS.
$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 955/2025 & CM APPL. 39102/2025 DR MAHESH CHANDRA MISHRA .....Petitioner Through:
Mr. K.K.L. Gautam, Ms. Vaishali Nariyala and Mr. Sumit, Advocates.
versus MUNICIPAL CORPORATION OF DELHI & ORS.
.....Respondents Through:
Ms. Ankita Bhougariya, SC for MCD with Mr. Parvin Bansal and Mr.
Vishal, Advocates.
Mr. Anubhav Gupta, Panel Counsel (Civil), GNCTD.
Ms. Pushit Gupta (SPC), Advocate for R-3.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
O R D E R
% 22.07.2025 1.
The present contempt petition has been filed alleging willful disobedience of the order passed by this Court on 11th April, 2023 in W.P.(C) 4476/2023. The operative part of the said order is set out below: "5.
Considering that the petitioner himself claims that the construction was carried out in the year 2005, the MCD shall consider the contents of the writ petition and in case any construction is found unauthorised/unprotected, needful action be taken expeditiously and preferably within a period of six months from today in accordance with law."
2.
Counsel appearing on behalf of the respondent no.1/MCD submits that all the three floors of the subject property, i.e. 'Shop No. 9, WZ-95/1, F Block, CONT.CAS(C) 955/2025 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 24/07/2025 at 11:55:45
Varinder Nagar, Janakpuri, Marg, New Delhi - 110058' were constructed in the year 2005 and therefore, they would be protected under the provisions of The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2023.
3.
In view thereof, no action can be taken by the respondent no.1/MCD against the said property.
4.
Accordingly, the present contempt petition is closed. 5.
Consequently, all pending application(s) stands disposed of. AMIT BANSAL, J JULY 22, 2025 Rzu CONT.CAS(C) 955/2025 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 24/07/2025 at 11:55:45