Atam Vallabh Cghs Ltd v. Jagdeep Chiller & ANR

#65 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 991/2016 & CM APPL. 31364/2016 ATAM VALLABH CGHS LTD ..... Petitioner Through Ms. Madhu Goel with Ms. Meenu Tomar, Advocates versus JAGDEEP CHILLER & ANR ..... Respondents Through Mr. Parvinder Chauhan with Mr. Nitin Jain, Advocates for NDMC.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 29.08.2016 Present contempt petition has been filed alleging wilful disobedience of the orders dated 11th January, 2016 and 26th February, 2016 passed in LPA no. 18/2016.

While by the first order, the Division Bench directed status quo with respect to offending construction, vide the second order the appeal was dismissed as withdrawn with liberty to approach NDMC seeking permission of additional construction in view of relaxed FAR conditions and respondents were directed to process the same in cooperation with the concerned agencies including DDA if necessary.

Learned counsel for the petitioner states that though petitioner made applications to MCD and DDA for regularisation of existing alternations, yet instead of disposing of the said application, respondents in utter violation of status quo order dated 11th February, 2016 issued a sealing order dated 27th June, 2016.

Learned counsel for respondents, who appears on advance notice, states that even the application for regularisation has not been filed in the prescribed format along with the requisite fee. In any event, this Court is of the opinion that as no status quo order was continued in favour of the petitioner while disposing of the LPA No. 18/2016, petitioner cannot allege that there is wilful disobedience of any court order.

Consequently, present contempt petition and application are dismissed.

MANMOHAN, J AUGUST 29, 2016 rn