Alka Mahajan v. Dr Puneet Kumar Goyal & ORS

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1041/2016 & C.M.No.33437/2016 ALKA MAHAJAN ..... Petitioner Through None versus DR PUNEET KUMAR GOYAL & ORS ..... Respondents Through Mr.Rajan Tyagi, Advocate for R- 1 & 2 with Mr.Naresh Kumar Bhardwaj, AE, SDMC.

Mr.Shatrajit Banerji, Advocate for GNCTD/Delhi Police.

SI Naveen Kumar, PS Hauz Khaz.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 15.09.2016 Present contempt petition has been filed alleging wilful disobedience of the order dated 25th April, 2016 passed in W.P.(C) No.7027/2015, whereby a direction was issued to the respondents to complete the proceedings pertaining to various unauthorised properties in Gautam Nagar, Delhi.

It is pertinent to note that the aforesaid writ petition was filed by the petitioner in the form of Public Interest Litigation. However, the petitioner had been discharged during the course of the said proceedings and the matter was directed to be treated as "Court on its Own Motion vs. State".

Yesterday, the matter had come up for hearing and this Court had passed the following order:- "Keeping in view the fact that the Division Bench had discharged the petitioner, this Court is not inclined to entertain the present petition at the instance of the petitioner. Accordingly, the petitioner is discharged. The memo of parties shall read as Court on its Own Motion Vs. Dr Puneet Kumar Goyal & Ors.

However, as an allegation has been made that no action has been taken by the respondent-SDMC in pursuance to the directions given by the Division Bench, the SDMC is directed to file the status report by tomorrow. List on 15th September, 2016."

Today learned counsel for SDMC has handed over the status report dated 15th September, 2016. The relevant portion of the same is reproduced hereinbelow:- "4. It is pertinent to mention that there are total 31 properties mentioned in the present Writ Petition. Out of these 31 properties, (a) 05 properties out of total 31 properties are situated in Village Yusuf Sarai, in the context of which, it is relevant to point out that according to the The National Capital Territory of Delhi Laws (Special Provisions) act notified on 29th December-2014, all punitive actions against the unauthorized constructions situated in villages and are existing as on 01.06.2014, are to be kept in abeyance and no actions can be taken against such unauthorized constructions upto 31.12.2017.

(b) 02 properties out of total 31 properties are constructed as per Sanctioned Building Plan.

(c) In 01 property i.e. No.135/5 (mentioned as P.No.135/4 in the petition and appearing at S.No.24), the property was sealed on 11.05.2016.

5. Further demolition actions have already been planned for this area on 15.09.2016, 16.09.2016 and 19.09.2016 and demolition actions against these properties will be taken accordingly. Necessary letters to the Police Authorities have also been sent in this regard to provide adequate police force for these planned actions."

Learned counsel for SDMC states that as today is 15th September, 2016, the demolition actions have now been scheduled for 16th September, 2016, 19th September, 2016 and 20th September, 2016.

Learned counsel for Delhi Police assures this Court that requisite Police force shall be provided to SDMC on the said dates. Keeping in view the aforesaid facts, present contempt petition is closed. However, SDMC is directed to file the Action Taken Report within a period of three weeks along with photographs. Order dasti under the signatures of Court Master. MANMOHAN, J SEPTEMBER 15, 2016 KA