Shahzad v. Mr. Gyanesh Bharti, Commissioner, Mcd

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1412/2024 SHAHZAD .....Petitioner Through:

Ms. Noor Alam, Adv.

versus MR. GYANESH BHARTI, COMMISSIONER, MCD .....Respondent Through:

Ms. Neha Rai & Ms. Jahnavi Singh, Advs. for MCD.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 24.09.2024 1.

The petitioner is seeking initiation of the contempt proceedings against the respondent for alleged wilful disobedience of the order dated 09.05.2024 passed in W.P.(C) No.6655/24, whereby the learned counsel for the respondent had assured the Court that appropriate legal action shall be taken against any unauthorised construction. 2.

Learned counsel for the respondent is present on advance notice.

3.

It appears that there is a small tin shed construction which has been raised at the site in question.

4.

Learned counsel for the respondent has submitted that the same is not actionable as it is a temporary structure only. However, she submits that a strict vigil is being maintained so that the public property is not encroached upon in any manner, and no unauthorised construction is carried out at the spot.

5.

Hence, no cause of action survives. The petition is dismissed. DHARMESH SHARMA, J.

SEPTEMBER 24, 2024/Ch 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 01/10/2024 at 11:31:01