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2023 Supreme(Del) 5740

DHARMESH SHARMA
Viren Singh – Appellant
Versus
Madhup Vyasf – Respondent


Advocates appeared:
Mr. Rakesh K. Khanna, Mr. Aditya Archiya and Ms. Sakshi Sharma, Advocates, for the Appellant; Ms. Puja Kalra, Adv. for MCD with Mr. Jain, A.E., for the Respondent.

JUDGMENT

1. The present petition under Section 11 read with section 12 of the Contempt of Courts Act, 1971[CC Act], is filed by the petitioner, alleging that the respondent officials of the erstwhile North Delhi Municipal Corporation, since renamed Municipal Corporation of Delhi[MCD] have committed the contempt of the order/directions dated 30.11.2017 passed by this Court in the writ petition W.P. (C) 7821/2017 and subsequent directions contained in the order dated 26.02.2018 in CONT. CAS (C) 138/2018.

FACTUAL BACKGROUND:

2. Shorn of unnecessary details, the petitioner acquired ownership title of terrace/roof rights of the suit property from his sister, who was the owner with terrace/roof rights of the second floor of this property. She sought sanction of the building plan for 3rd floor on this property and the same was declined by the respondent vide communication dated 19.07.2017 on the ground that floor-wise sanction/regularisation could not be approved. The same was challenged in the writ petition W.P. (C) 7821/2017, wherein while relying upon Harish Bajaj and Anr. v. North Delhi Municipal Corporation, 2017 SCC OnLine Del 2459 vide order dated 30.11.2017 , the following directions

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