Balbeer Singh v. Shri Ashwani Kumar

$~71 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 1873/2025 BALBEER SINGH .....Petitioner Through:

Mr. Arun Kumar Verma, Adv.

through Vc.

versus SHRI ASHWANI KUMAR .....Respondent Through:

Mr. Kapil Dutta, Adv. for MCD.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 08.12.2025 1.

This hearing has been done through hybrid mode. CM APPL. 77398/2025(exemption) 2.

Allowed, subject to all just exceptions. This application is disposed of. CONT.CAS(C) 1873/2025 3.

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 M.C.D./contemnor for intentionally and deliberately are not complying with the order dated 15.09.2025 Passed by this Hon'ble High Court of Delhi in W.P.(C) No. 14238/2025 titled as BALBEER SINGH VS Municipal Corporation of Delhi & 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 Court of Delhi;

(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."

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 11/12/2025 at 12:35:22

4.

Vide order dated 15.09.2025 in W.P.(C) 14238/2025, the learned Single Judge of this Court had passed the following directions: - "11. Perusal of the aforesaid table clearly shows that constant and regular action against the unauthorized construction in question has been. taken by the MCD, time and again.

12. This Court further takes note of the submission made by the learned counsel appearing for the respondent-MCD that the property in question is lying sealed and that no unauthorized construction is going on in the property in question. 13; Accordingly, considering the submissions made before this Court, it is directed that the MCD shall ensure that no further unauthorized construction takes place in the property in question. Further action, which is required to be taken against the property, shall be taken, in accordance with law."

5.

Learned counsel appearing on behalf of the MCD, on advance notice, has placed on record photographs of the subject property dated 07.12.2025, showing the same as sealed and marked for demolition. 6.

Learned counsel appearing on behalf of the MCD, on instructions of Mr. A.K. Bansal, A.E., Central Zone, who is present in the Court, further submits that no unauthorized construction has taken place in the subject property post the aforesaid order.

7.

In these circumstances, the petition is disposed of, with liberty to the petitioner to revive the same in case of further non-compliance. 8.

Pending application(s), if any, also stands disposed of. AMIT SHARMA, J DECEMBER 8, 2025/kr/db 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 11/12/2025 at 12:35:22