Mayur Kunj, Resident Welfare Forum v. Lt. Governor NCT Of Delhi & ORS.

$~123 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1706/2024 MAYUR KUNJ, RESIDENT WELFARE FORUM .....Petitioner Through:

Dr. G.V. Rao, Sr. Adv. with Mr. A.K. Upadhyay and Mr. G.

Arudhra Rao, Advs.

versus LT. GOVERNOR NCT OF DELHI & ORS. .....Respondents Through:

Mr. Abhinav Singh, Ms. Swega Agarwal, Mr. Praveen Kumar Kaushik, Advs. for R-1, R-4 to R-6 Mr. Tushar Sannu, SC with Mr.

Manoviraj Singh, Adv. for R2/MCD Ms. Prabhsahay Kaur, SC with Ms. Ananya Sahu, Adv. for R9/DDA Mr. Gaurav Sharma, SPC with Mr. Siddhartha Nagpal, Adv.

for Police/SHO

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 29.10.2024 CM APPL. 63849/2024 (Ex.) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CONT.CAS(C) 1706/2024 3.

The petitioner is seeking initiation of the contempt proceedings against the respondents for committing willful disobedience of the directions contained in the order dated 07.02.2024 in W.P.(C) No. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

1507/2017, passed by this Court.

4.

Learned counsel for the respondent No.1, respondent No. 4/Deputy Commissioner of Police (East Delhi), respondent No.5/Secretary, Department of Environment & Forests and respondent No. 6/Government of Delhi, through Chief Secretary, is present on advance notice.

5.

Learned Standing Counsel for respondent No.2/MCD is present on advance notice.

6.

Learned Standing Counsel for respondent No.9/DDA is present on advance notice.

7.

Having heard the learned counsels for the parties, it is a matter of record that the directions had been issued to the respondents to ensure that the cremation ground which is in existence at the site be removed since the same is not even falling under the approved Zonal Development Plan or Zone „O‟ and further for the fact that the subject land is not even earmarked for crematorium or cremation ground. 8.

Ms. Kaur, learned Standing Counsel for DDA has submitted that repeated action had been taken by the DDA in the months of February and March 2024 and further action was planned for yesterday and today as well. It is however stated that they have faced difficulties due to want of police assistance. 9.

Mr. Abhinav Singh, learned counsel for the respondent Nos.1 and 4 to 6 submits that he would pass an appropriate instructions to the concerned department to ensure that the appropriate police assistance is given.

10.

In view of the submissions made by the learned counsel for DDA, this Court finds that there is no necessity to keep the present contempt petition pending.

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

11.

Let the concerned authorities take appropriate steps in accordance with law, within four weeks from today. The petitioner shall be at liberty to approach this Court in the future, in case no action is taken by the concerned authorities. 12.

The present contempt petition is disposed of. DHARMESH SHARMA, J.

OCTOBER 29, 2024 Sp/SS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.