Ankur Gupta v. Municipal Corporation Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 1493/2025 ANKUR GUPTA .....Petitioner Through:

Mr. Vipin Kumar Mishra, Adv.

versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:

Mr. Rajan Tyagi, SC for MCD with Mr. Harpreet Singh Sodhi, Adv.

Ms. Alpana Pandey, SPC for UOI/R-2 with S.I. Harish, P.S. Lahori Gate.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 15.12.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 seeks the following prayers: - "a. Initiate contempt proceeding against the alleged contemnors for wilful and deliberate disobey/non-compliance of the order dated 09.10.2024 Passed by Hon'ble Delhi High Court in W.P.(C)/14325/2024 titled as Ankur Gupta Vs Municipal Corporation of Delhi & ors b. Pass any order/direction as the Hon'ble Court may deem fit and proper under the circumstances of the case."

3.

On 08.10.2025, this Court had passed the following order:- "5. Learned counsel appearing on behalf of the MCD, on advance notice, submits that the Nodal Officer, in terms of the aforesaid order, had been appointed and the encroachments had also been removed. It is further pointed out that various communications have been sent to the SHO, Police station Lahori Gate to take The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

necessary action in terms of the directions issued by the Hon'ble Supreme Court vide order dated 05.05.2006 in W.P.(C) 1699/1987, in the following terms: - "We further direct the Delhi Police that whenever hawkers are removed from the non-hawking zones they shall see to it that those areas are not reoccupied by them. We, hereby declare that every Station House Officer shall be held personally responsible if such hawkers reoccupy the areas from which they have been evicted."

"It is therefore, requested to direct the concerned beat-officer to keep strict vigil at cleared site so that no re-encroachment take place again at cleared site i.e. Church Mission road, Naya Bazar, Fatehpuri, Gandi Gali and surrounding."" 4.

Learned counsel appearing on behalf of the respondent No. 2 has handed up in Court today a status report dated 14.12.2025 authored by SHO, P.S. Lahori Gate and the same is taken on record. In the said status report, it has been recorded as under: - "2. That it is submitted that two FIRs, i.e. FIR No. 853/25 Dt 29/10/25, FIR No. 772/25 Dt 10/10/25 u/s 285 BNS, PS Lahori Gate, have been registered against the Respondent No. 3 Ikram Qureshi s/o Md. Yusuf r/o H.No. 2406, Gali Rang Wali, Tilak Bazar, Khari Bawli, Delhi for putting a stall in front of Shop no. 79B, Church Mission Road, Fatehpuri Delhi and thus creating encroachment thereby. The Copy of the FIRs are annexed herewith and marked as Annexure-B.

3. That it is pertinent to mention here that the stall that was being set up by the squatter Respondent No. 3 Ikram Qureshi s/o Md. Yusuf r/oH. No. 2406, Gali Rang Wali, Tilak Bazar, Khari Bawli, Delhi, in front of Shop no. 79B, Church Mission Road, Fatehpuri Delhi, has been removed and presently no such stall of Respondent No. 3 is there, in front of the petitioner's shop. The Photographs are annexed herewith for the ready reference of this Hon'ble Court and marked as Annexure- C.

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

4. That it is further pertinent to mention here that though at present all the illegal encroachment has been removed by the Respondent No. 2, which was found in front of the shop of the Petitioner, however, the Respondent No. 2 is assuring that in future also as and when police assistance will be required during the removal of the encroachment drive by Municipal Corporation of Delhi (MCD), the same would be provided."

5.

In view of the above, the present petition is disposed of with the directions to the SHO, P.S. Lahori Gate, to ensure the compliance of the aforesaid directions passed by the Hon'ble Supreme Court vide order dated 05.05.2006 in W.P.(C) 1699/1987. Learned counsel appearing on behalf of the respondent assures that the same shall be complied with. 6.

Pending application(s), if any, also stand disposed of. 7.

Needless to state that the petitioner will be at a liberty to revive the present petition in case of any further non-compliance. AMIT SHARMA, J DECEMBER 15, 2025/kr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.