High Court of DelhiCONT.CAS(C)/692/2016

Mohd Anas v. Puneet K Goyal & ORS

2016-07-22Hon'Ble Mr. Justice Manmohan2 pages

#32 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 692/2016 MOHD ANAS ..... Petitioner Through Mr. S.D. Ansari with Mr. I. Ahmed, Advocates.

Petitioner in person.

versus PUNEET K GOYAL & ORS ..... Respondents Through Mr. Rajan Tyagi with Mr. Desh Deepak and Mr. Mandeep Arora, Advocates for R-1 to 3/EDMC.

Mr. S.K. Sethi with Ms. Dolly Sharma, Advocate and IO/SI Pankaj Gulia for R-4.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 22.07.2016 Present contempt petition has been filed alleging wilful disobedience of the order dated 18th March, 2016 passed in W.P.(C) 2281/2016 whereby the respondents were directed to demolish unauthorised construction in property no. A-50, Jauhari Farm Noor Nagar, Jamia Nagar within four weeks. Learned Counsel for the petitioner contends that till date no action has been taken by the respondents despite several representations by him. However, learned counsel for respondent-EDMC states that in view of status quo order granted by the District & Sessions Judge (South East District), Saket, New Delhi, it could not carry out the complete demolition of the

premises in question. He has handed over orders dated 28th May, 2016 and 31st May, 2016 passed by the District & Sessions Judge (South East District), Saket, New Delhi in MCD No. 7/2016.

Keeping in view the status quo orders passed by the District & Sessions Judge (South East District), Saket, New Delhi, this Court is of the opinion that no orders are called for in the present contempt petition. However, petitioner is given liberty to appear in the proceedings before the District & Sessions Judge (South East District), Saket. In fact, as an order of demolition was passed by this Court in a writ petition filed by the petitioner, the District & Sessions Judge (South East District), Saket, New Delhi is directed to grant hearing to the counsel for the petitioner herein.

In the event, the petitioner is aggrieved by the order passed by the District & Sessions Judge (South East District), Saket, New Delhi, he shall be at liberty to file appropriate proceedings in accordance with law. With the aforesaid directions and liberty, present contempt petition stands disposed of.

MANMOHAN, J JULY 22, 2016 rn