High Court of DelhiCONT.CAS(C)/1179/2016

Ganga Jamuna Saraswati (Regd) v. P.K Gupta Commissioner North Delhi Municipal Corporation

2016-11-07Hon'Ble Mr. Justice Manmohan2 pages

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1179/2016 & C.M.No.41311/2016 GANGA JAMUNA SARASWATI (REGD) ..... Petitioner Through Mr.M.Husain, Advocate.

versus P.K GUPTA COMMISSIONER NORTH DELHI MUNICIPAL CORPORATION ..... Respondent Through Ms.Biji Rajesh with Ms.Eshita Baruah, Advocates for MCD.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 07.11.2016 Present contempt petition has been filed alleging wilful disobedience of the order dated 12th August, 2016 passed by the Division Bench of this Court in W.P.(C) No.7064/2016, whereby the respondent-North DMC was directed to reply to petitioner's-society representation with regard to unauthorized and illegal construction within four weeks.

Learned counsel for the petitioner states that even though the respondent has considered the petitioner's representation vide reply dated 9th September, 2016, the same is evasive, misleading and incomplete. He states that the petitioner's representation with regard to property no.MD-28-29, MD-Block, Pitampura has not been dealt with on the ground that it does not fall within the jurisdiction of Civil Lines Zone. He points out that the respondent in the aforesaid writ

petition was Commissioner, North Delhi Municipal Corporation, under whom the Rohini Zone also falls.

This Court has perused the reply dated 9th September, 2016 and finds that the petitioner's representation with regard to 12 out of the 13 properties has been dealt with in detail by the respondent. In the event, the petitioner is not satisfied with the respondent's response, the petitioner is at liberty to file the appropriate proceedings in accordance with law.

As far as the property no.MD-28-29, MD-Block, Pitampura is concerned, this Court finds that the Executive Engineer (Building)-II, Civil Line Zone has referred the matter to Rohini Zone and this Court is confident that the concerned Executive Engineer of Rohini Zone shall deal with the said property within a reasonable time. Consequently, this Court is of the view that there is no wilful disobedience of the Division Bench order.

Accordingly, the present contempt petition is dismissed. MANMOHAN, J NOVEMBER 07, 2016 KA