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2018 Supreme(Del) 2556

IN THE HIGH COURT OF DELHI AT NEW DELHI
SIDDHARTH MRIDUL, J.
Shahida Begum & Ors. - Petitioners
Versus
Dr. Ajit Kumar Singla & Ors. - Respondents
CONT.CAS.(C) 139 of 2018 & CM APPL.27641 of 2018
Decided On : 13-09-2018

Advocates Appeared:
For the Petitioners:Mr. A.K. Suri and Mr. Ankit Kansal, Advocates
For the Respondents:Mr. Pankaj Yadav, Advocate.

Headnote:

Contempt of Courts Act - Violation of Court Directions - Sections 11 and 12 - Act Section List: Contempt of Courts Act, 1971 - Summary: The court dismissed the petition seeking initiation of contempt proceedings against the official respondents as the unauthorized construction in the subject property, for which demolition orders were passed, is subject to proceedings in statutory appeal before the Appellate Tribunal, Municipal Corporation of Delhi. The court found no violation of the directions issued by the court and accordingly dismissed the petition.

Fact of the Case:

The petitioners sought initiation of contempt proceedings against the official respondents for alleged violation of court directions regarding unauthorized construction in the subject property.

Finding of the Court:

The court found that the unauthorized construction in the subject property, for which demolition orders were passed, is subject to proceedings in statutory appeal before the Appellate Tribunal, Municipal Corporation of Delhi. The court concluded that there was no violation of the directions issued by the court and dismissed the petition.

Issues: Violation of court directions, initiation of contempt proceedings

Ratio Decidendi: The court held that as the unauthorized construction in the subject property is subject to proceedings in statutory appeal before the Appellate Tribunal, Municipal Corporation of Delhi, there was no violation of the directions issued by the court.

Final Decision: The petition seeking initiation of contempt proceedings against the official respondents was dismissed by the court.

JUDGMENT :

SIDDHARTH MRIDUL, J.

1. The petitioner in the present contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 are seeking initiation of proceedings against the respondents, who inter alia, include their brothers, arrayed as respondent Nos.3 to 5.

2. The present proceedings is founded on the directions issued by this Court vide order dated 04.12.2017 in W.P.(C) 10741/2017, titled as ‘Shahida Begum and Ors. vs. State of NCT of Delhi and Ors.’, to the following effect:-

“…..Be that as it may, in the event, any portion of the subject property is unauthorized, and, for which, no action has come to be taken, the Commissioner, EDMC is directed to take necessary steps, on a fresh inspection carried out, as expeditiously as possible, preferably within four weeks from today. Should, for the fresh inspection, it be considered that the police aid is required, the Deputy Commissioner of Police concerned is directed to ensure providing the police assistance, as and when called for. Petition as well as pending applications are disposed off accordingly.”

3. At the outset, it must be pointed out that, admittedly, there are disputes in relation to the subject property, pending adjudication before a court of competent jurisdiction.

4. It is the assertion of the learned counsel appearing on behalf of the petitioners that, the official respondents have violated the directions issued by this Court, as above extracted.

5. A plain reading of the above directions clearly and unequivocally reflects that, this Court had directed the Commissioner, East Delhi Municipal Corporation to inspect the unauthorized construction that may have been raised in the subject property, afresh, as expeditiously as possible, with the aid of the police, if so required.

6. In response to the present petition, the respondent No.1/East Delhi Municipal Corporation has filed a short counter affidavit, rendered by Mr. Sanjay Kumar, Executive Engineer, B0-1, Shahdara North Zone, East Delhi Municipal Corporation.

7. It would be profitable to extract the relevant portions of the said affidavit for the effective adjudication of the present proceeding. The same is extracted herein under:-

“3. That in compliance of the direction of the Hon’ble High Court an inspection of the above mentioned property was carried out on 28.12.2017. On inspection it was found that the property is divided into 02 parts. One part of the property is occupied by Sh. Nawabuddin. This part of property i.e. P.No.174 (Part of property left side) Gali No.3, New Mustafabad has been booked for unauthorized construction in the shape of rooms etc. at GF, FF & toilet at SF with projection on lane vide file No.151/UC/B-I/SH-N/2017 dated 01.06.2017. The demolition order was passed after following due process of law. The demolition order has been challenged in Hon’ble AT:MCD vide appeal No.488/17. The Hon’ble AT:MCD vide order dated 11.07.2017 has restrained EDMC from taking any action qua on the said property. The record has been submitted in the Hon’ble AT:MCD. Further action on this property will be taken as per the direction of the Hon’ble AT:MCD.

4. That 2nd part of the property is occupied by Sh. Azizuddin. This party of property i.e. P.No.174 (Part of property right side) Gali No.3, New Mustafabad has been booked for unauthorized construction in the shape of rooms, kitchen, toilet etc. at GF, Mezanine floor, FF & raising of walls at SF with projection on lane (GF, Mezanine Floor, FF old and occupied) vide file No.152/UC/B-1/SH-N/2017 dated 01.06.2017. The demolition order was passed after following due process of law. At the time of inspection it was found that the construction work has been completed at second floor. Further, it is submitted that no demolition programme was fixed in the month of January 2018 due to non availability of police force. A demolition programme was fixed for 23.03.2018 under the jurisdiction of P.S. Gokul Puri but action could not be taken due to non availability











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