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High Court of DelhiCONT.CAS(C)/1781/2025

Pradeep Kumar v. Municipal Corporation Of Delhi & ORS.

2025-11-24Hon'Ble Mr. Justice Amit Sharma3 pages

$~88 * IN THEHIGH COURTOF DELHIAT NEW DELHI + CONT.CAS(C) 1781/2025&CM APPL. 73835/2025 PRADEEP KUMAR .....Petitioner Through:

Mr. Manuj Kaushik, Adv. (through VC).

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr. Sunil Goel, Standing Counsel for MCD with Ms. Dimple Aggarwal, Ms.

Varsha & Mr. Himanshu Goel, Advs.

Ms. Neha Rastogi, Sr. Panel Counsel with Mr. Animesh Rastogi & Mr.

Rajat Dubey, Advs. for R-3.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 24.11.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition under Section 12 of the Contempt of Courts Act, 1971, seeks the following prayers:- <i) Pass a contempt order against above said respondent no.1, M.C.D./contemnor i.e. M.C.D. & ORS., Dy. Commissioner for intentionally and deliberately for not complying with the order dated 24.09.2025, passed by this Hon'ble High Court in W.P. (C) NO. 14860/2025, title as Pradeep Kumar Versus M.C.D. & Ors.

ii) Pass a contempt order to initiate and investigation against the respondent no. 1, M.C.D./contemnor for their mal-functioning and not obeying the directions passed by this Hon 'ble High The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Court of Delhi in aforesaid writ petition;

iii) Pass any other or further order which this Hon 'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.= 3.

Vide order dated 24.09.2025 in W.P. (C) 14860/2025, the learned Single Judge had passed the following directions: - <2. Responding to the present writ petition, teamed counsel appearing for the Municipal Corporation of Delhi ( <MCD= ) submits that a Show Cause Notice has already been issued on 18th September, 2025, and that the matter has been fixed for personal hearing of respondent no2-owner/occupier of the property in question on 30th September 2025.

3. He further submits that a letter has also been written to Station House Officer (<SHO=) Police Station-Mohan Garden, Uttam Nagar, New Delhi, on 23rd September 2025, in order to ensure that no further unauthorized construction is carried out in the property in question.

4. Considering the submissions, made before this, Court, the MCD is directed to take appropriate action against the property in question, after following the due procedure and in accordance with law.

5. ln case, any party is aggrieved by any action or non-action on part of the MCD their right to seek their remedies in accordance with law is reserved.= 4.

Learned counsel for the MCD/respondent No.1, who appears on advance notice, submits that in pursuance of the directions passed vide the aforesaid order dated 29.10.2025, after following due procedure, demolition order was passed on 09.10.2025, and thereafter, sealing order was passed on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

29.10.2025. It is further submitted that the necessary action has now been scheduled for 26.11.2025, subject to availability of police force. Copy of the demolition order dated 09.10.2025 and sealing order dated 29.10.2025 have been handed up in Court and the same are taken on record. 5.

In these circumstances, the present petition is disposed of with a direction that the demolition action scheduled for 26.11.2025 shall be carried out in accordance with law.

6.

Needless to state that, the concerned SHO, on a request being made by the MCD, shall provide necessary assistance.

7.

The present petition is disposed of with liberty to the petitioner to revive the same in case of non-compliance.

8.

Order be uploaded on the website of this Court, forthwith. AMIT SHARMA, J NOVEMBER 24, 2025/nk/ns The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.