High Court of DelhiCONT.CAS(C)/1267/2016

Shakir v. Puneet Kumar Goel & ORS

2016-11-29Hon'Ble Mr. Justice Manmohan2 pages

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1267/2016 SHAKIR ..... Petitioner Through Mr.Abhishek Kumar, Advocate.

versus PUNEET KUMAR GOEL & ORS ..... Respondents Through Ms.Puja Kalra, Advocate for SDMC.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 29.11.2016 Present contempt petition has been filed alleging wilful disobedience of order dated 28th September, 2016 passed in W.P.(C) No.8810/2016, wherein the respondent-SDMC stated that the order dated 14th September, 2016 directing demolition of property no.328/A-2, Gali No. 18, Zakir Nagar, Okhla, Delhi has been issued and pursuant thereto a demolition programme has been fixed. The respondent further stated that all further actions would be taken and completed in accordance with law. After taking the aforesaid statements of learned counsel for the respondent-SDMC on record, the writ petition was disposed of.

Learned counsel for the petitioner states that despite the aforesaid statements, no action has been taken by the respondentSDMC with respect to the unauthorised and illegal construction. Issue notice.

Ms.Puja Kalra, learned counsel accepts notice on behalf of the

respondent-SDMC. She, on the instructions of Mr.Saini, Assistant Engineer, Central Zone, SDMC, states that the demolition programme is now fixed for 7th December, 2016. She assures this Court that all actions shall be taken in accordance with law against the unauthorised and illegal construction in the property in question. The assurance and undertaking given by learned counsel for the respondent-SDMC is accepted by this Court and the respondentSDMC is held bound by the same. The SHO, Police Station Zamia Nagar, Okhla is directed to render timely assistance to the respondent-SDMC in removing the unauthorised and illegal construction in the property in question. With the aforesaid directions and observations, present contempt petition is disposed of.

However, in the event the present order is not complied with by the respondent-SDMC, the petitioner is at liberty to seek revival of the present contempt petition.

MANMOHAN, J NOVEMBER 29, 2016 KA