← Library
High Court of DelhiCONT.CAS(C)/1868/2024

Kapil Mahajan And ANR. v. Mcd And ORS

2024-11-26Hon'Ble Mr. Justice Manoj Jain2 pages

$~103 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1868/2024 & CM APPL. 68781/2024 KAPIL MAHAJAN AND ANR.

.....Petitioner Through:

Mr. Rohit Nagpal with Mr. Swetabh Kumar, Advocates.

versus MCD AND ORS .....Respondent Through:

Mr. Kapil Dutta with Mr. Nitish Dubey, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 26.11.2024 1.

Petitioner seeks initiation of contempt proceedings against respondent corporation for wilful disobedience of the directions contained in order dated 25.07.2023 passed by Coordinate Bench of this Court in Contempt petition (C) No. 370/2023. The above said contempt petition had been filed in view of the alleged breach of the directions contained in order dated 23.09.2022 passed in W.P.(C) No. 7196/2022.

2.

Petitioners are residents of second floor of property in question bearing House No. 25, Second Floor, Road No. 68, West Punjabi Bagh, Delhi-110026.

3.

According to petitioners, unauthorized construction is going on at ground and first floor of same building and despite undertaking given by the CONT.CAS(C) 1868/2024 1 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 29/11/2024 at 12:46:33

MCD before this Court as recorded on 25.07.2023, there is no decision. 4.

Mr. Kapil Dutta, learned counsel for MCD has, however, informed that the request received from the other occupant i.e. respondent No. 2 was considered by the Corporation and since the deviations were found to be compoundable in nature, the same has been regularized yesterday only. 5.

It has also been undertaken that such decision related to regularization of the above said deviations shall be communicated to the learned counsel for the petitioner during the course of the day through e-mail. 6.

In view of the above nothing further survives in the present petition. 7.

Petition is, accordingly, disposed of.

8.

Needless to say, the petitioner is at liberty to explore and avail legal remedies as permissible under law.

MANOJ JAIN, J NOVEMBER 26, 2024/sw CONT.CAS(C) 1868/2024 2 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 29/11/2024 at 12:46:33