Peer Sayyad Mairajuddin ( Sajjadanashin) & ANR v. Delhi Wakf Board And ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 177/2015 PEER SAYYAD MAIRAJUDDIN ( SAJJADANASHIN) & ANR ..... Petitioners Through: Mr. Hazi Mohd. Yameen, Advocate.

versus DELHI WAKF BOARD AND ORS ..... Respondents Through: Mr. Aly Mirza, Advocate for respondent No.1.

Ms. Renu Gupta, Advocate for respondent No.4.

Mr. Wajeeh Shafiq, Advocate for respondents No.6 and 7.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 28.07.2016 Present contempt petition has been filed alleging wilful disobedience of the order dated 10th November, 2014 passed by a Coordinate Bench of this Court whereby the North Delhi Municipal Council (for short 'NDMC') was directed to undertake a fresh inspection to ascertain whether any further construction had been carried out and if so whether the same was in accordance with law.

The Court further directed that in case any unauthorised construction is noted, the concerned officer shall take appropriate action in accordance with law. The inspection was directed to be carried out within a period of

six weeks and a status report and affidavit of compliance was to be complied thereof.

During the pendency of the present contempt proceedings, inspection of the premises in question has been carried out. According to the learned counsel for petitioner there is a contradiction in the status report dated 01st May, 2015 and affidavit dated 16th March, 2016 filed on behalf of NDMC. In the latest affidavit dated 16th March, 2016, not only photographs and CD have been enclosed, but it has also been stated that only repair work has been carried out by the respondents in consonance with Clause 6.4.1 of Unified Building Bye-laws, 1983 and no shops and rooms as alleged in the contempt petition have been constructed.

Since the premises in question stands inspected and the Executive Engineer, NDMC, has filed an affidavit dated 16th March, 2016 stating that the structures existing at the premises are in accordance with the Unified Building Bye-laws, the present contempt petition is closed. However, the petitioner is given liberty to challenge the decision of the Executive Engineer in accordance with law. In the proposed proceedings to be filed, petitioner is given liberty to agitate his grievance that there is a contradiction between the status report and the affidavit filed by the NDMC. With the aforesaid observation and liberty, present contempt petition stands disposed of.

MANMOHAN, J JULY 28, 2016 js