V.K. SHALI, J.

CM No.20346/2014

1) This order shall dispose of CM No.20346/2014 by virtue of which impleadment of the applicants in the present contempt proceedings as well as recall of the order dated 19.11.2014 is sought. The aforesaid application was heard pursuant to allowing the application of the applicant being CM No.20863/2014 as the learned counsel for the applicant stated that there is an impending threat of demolition of the property in question i.e. Flat No.100, A-4, Priyadarshini Apartments, Paschim Vihar, New Delhi.

2) Before dealing with the submissions of the learned counsel for the applicants, it may be pertinent hereto give a brief background of the case.

3) The petitioner had filed the present contempt petition alleging that the respondents have willfully disobeyed the order of the court dated 04.04.2014. The said order reads as under:

“1. The present petition has been filed by the petitioner praying inter alia for issuance of directions to the respondents No.1 to 4 to take action against the respondent No.5 for raising illegal/unauthorised construction over flat bearing No.A-4/100, Priyadarshini Apartments, Paschim Vihar, New Delhi, and for demolishing the said illegal construction.

2. Counsel for the petitioner states that his client had submitted a complaint dated 21.03.2014 to the respondents No.1 to 4 bringing to their notice the unauthorised construction being undertaken by the respondent No.5, without obtaining sanctioned building plan from the competent authority and he has been requesting them to take appropriate action in accordance with law (Annexure P-1). As the petitioner did not hear from the respondents, the present petition came to be filed on 27.03.2014. It is submitted that within two days thereafter, the officers of the respondent No.2/DDA had inspected the flat, but no action has been taken by them thereafter.

3. Issue notice.

4. Counsels for the respondents No.1 to 4 accept notice. Counsel for the respondent No.1/NDMC states that the building activities of the subject Society situated in Paschim Vihar are still with the respondent No.2/DDA and NDMC has no role to play in the matter.

5. Counsel for the respondent No.2/DDA states that if the building activities of the subject area have been retained by the DDA, then it shall take necessary steps to examine the complaint dated 21.03.2014 submitted by the petitioner (Annexure P-1) and take appropriate action as per law, as expeditiously as possible.

6. In view of the aforesaid submission, the present petition is disposed of with directions to the respondent No.2/DDA to examine the complaint submitted by the petitioner and if it is satisfied that there exists illegal/unauthorised construction in the subject flat owned by the respondent No.5, then appropriate action for removal of the unauthorised construction shall be taken after issuance of notice to the respondent No.5, in accordance with law. A written intimation of the decision taken by the respondent No.2/DDA shall be communicated to the petitioner and the respondent No.5, within six weeks from today.

7. The petition is disposed of along with the pending application.”

4) The grievance of the petitioner was that he had made a complaint on 21.03.2014 to the respondents one of which was the DDA indicating that there is an unauthorized construction in respect of the property in question. The property in question was Flat No.A-4/100, A-4, Priyadarshini Apartments, Paschim Vihar, New Delhi.

5) The court on the basis of the statement made by the learned counsel for the DDA took note of the fact that since the building activities of the subject area continued to be with the DDA, therefore, they will take necessary steps to examine the complaint and take appropriate action for removal of unauthorized construction as per law as expeditiously as possible.

6) The court also directed that the DDA shall in respect of the flat owned by the respondent No.5, who is one of the present applicants, take appropria