High Court Of Delhi
BHARAL SINGH - Appellant
Versus
VICE CHAIRMAN, DELHI DEVELOPMENT AUTHORITY - Respondent
Contempt Civil Petition 85 of 1986
Decided On : 07/29/1987
Held-
Separate contempt proceedings for punishment under the Contempt of Courts act held not necessary as the matter was already before the77 Court granting injunction in appropriate proceedings. (Para 3)
( 1 ) THIS is a petition by the petitioners for taking action under the Contempt of Courts Act against Shri Prem Kumar, Vice-Chairman Delhi Development Authority (for short the DDA ) and two other officers of the DDA who are respondents 2 and 3, and also against three officers of the Municipal Corporation of Delhi, being respondents 4 to 6. The petitioners, case is that they are the owners of the land measuring 16 biswas, being part of Khasra No. 616/376/2, situated in village Chowkri Mubarakbad, Delhi, since 1961 and they had made certain construction thereon. According to them this property was being used by them for residential-cum-commercial purposes and it is assessed to property tax and is entered in the municipal records as property No. 652/1b, Zakhira Chowk, New Rolitak Road, Delhi. In Suit No. 19/69 of the court of Shri P. K. Verma, Sub Judge 1st Class, Delhi, a decree of permanent injunction was passed on January 22, 1974 in; favour of the petitioners against the Municipal Corporation of Delhi restraining them from demolishing any portion of the property No. 652/ib, New Rohiak Road, near Zakhira Chowk, Delhi, forming part of Khasra No. 601/ 376, village Chowkri Mubarakbad, Delhi, otherwise than after serving a fresh notice on the petitioners and after compliance with the other requirements of law. Another suit was later filed by the petitioners against the DDA in the court of Shri S. L. Khanna, Sub Judge 1st Class, Delhi. In that suit Mr. S. D. Sharma Advocate, counsel for the DDA, stated before the court that the suit land did not vest in the DDA, nor any action for demolition or dispossession of the plaintiffs/petitioners had been initiated. It was further stated by Mr. Sharma that in case the DDA proceeded to take any action in the matter that shall be done in accordance with the procedure as laid down bylaw. The petitioners thereafter filed two suits, being Suit No. 681/84 and 682/84, in the court of Smt. R. Kirannath, Sub Judge, Delhi against the DDA and the Municipal Corporation of Delhi. One of these suits relates to property No. 652/ib and the other relates to property No. 652/1 BA situated at village Chowkri Mubarakbad, Delhi. In both these suits atemporary injunction was granted in favour of the plaintiffs and against the DDA and the Municipal Corporation of Delhi directing the parties to maintain status quo in respect of the suit property. It is alleged by the petitioners that on may 3, 1986 respondents No. 2, 3, 5 and 6 cametotheproperty of the petitioners alongwith a bulldozer belonging to one Dalel Singh and they started demolishing the suit property of the petitioners and continued the demolition action right upto May 21, 1986 on which the application was drafted and later presented to this Court. It is stated that the said officers of the two authorities have got demolished substantially the entire property of the petitioners and the bulldozer was busy in breaking the bricks, mortar and the moulds and the malba which were lying at the site when the above petition was drafted and presented to the Court. On these facts it has been prayed that action for contempt of Court be taken against them.
( 2 ) NOTICE to show cause as to why action for contempt of Court be not taken against the respondents was served on respondents No. 1 to 6. Respondent No. 2 and 3 who are the officers of the DDA have filed counter-affidavits to the affidavit of the petitioners wherein they denied the allegations of the petitioners regarding the alleged demolition action having been taken by them. They stated to the effect that neither the DDA took any demolition action, as alleged nor they have been a parly to any such action. Respondents No. 4 to 6 filed a detailed reply to the petition. All the three officers of the Municipal Corporation of Delhi i. e. respondents No. 4 to 6 have also filed their individual affidavits controverting the allegations made in the petition.
( 3 ) NOW the petitioners in para 18 of th
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