Aziz Ahmed v. Anil Kumar Dhaiya

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 779/2015 & C.M.No.26044/2015 AZIZ AHMED ..... Petitioner Through Mr.Dikshant Khanna with Ms.Ruhini Dey, Advocates.

versus ANIL KUMAR DHAIYA ..... Respondent Through Ms.Monika Arora with Mr.Harsh Ahuja, Advocates for R-1/Nr.DMC.

Mr.Mohd.Sajid, Advocate for R-2 to 4.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 31.01.2017 Present contempt petition has been filed alleging wilful disobedience of the orders dated 12th January, 2015 and 27th January, 2015 passed in W.P.(C) No.252/2015.

Learned counsel for the petitioner states that despite the aforesaid orders, the respondent-North Delhi Municipal Corporation has not taken any action against the unauthorised construction. Learned counsel for the respondents states that the Appellate Tribunal, MCD (ATMCD) has granted stay of demolition in an appeal filed by respondent nos. 2 to 4.

Keeping in view the aforesaid statement, learned counsel for the petitioner wishes to withdraw the present contempt petition at this stage with liberty to file an impleadment application before the ATMCD.

With the aforesaid liberty, present contempt petition is disposed of.

Also, in the event, the ATMCD dismisses the appeal filed by respondent nos. 2 to 4 or vacates the interim protection granted by it, the petitioner is given liberty to file fresh proceedings in accordance with law.

MANMOHAN, J JANUARY 31, 2017 KA