ORDER

CHANDRA DHARI SINGH, J (Oral)

1. The instant petition under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act, 1971 (‘the Act’ hereinafter)

has been filed on behalf of the petitioner seeking the following reliefs:

“a. Initial apposite proceedings against the contemnor herein under section 12 of the Contempt of Courts Act, 1971 and punish him befittingly for his wilful disobedience of the orders dated 14.08.2023 and 26.09.2023 passed by this Hon‟ble Court in Writ Petition (C) no. 10739 of 2023 titled „Champa Devi and Ors. Versus Delhi Development Authority‟. And b. Pass any such further Order or Direction as deemed fit and proper in the facts and circumstances of the captioned matter in the interest of justice.”

Signature Not Verified Digitally Signed CONT.CAS(C) 1555/2023 Page 1 of 13

2. The petitioner in the present case has preferred the instant petition against the respondent (‘respondent Authority’ hereinafter) for alleged non- compliance with the earlier orders dated 14th August, 2023 and 26th September, 2023 passed by the predecessor bench of this Court.

3. The petitioner in the present case is a resident of a jhuggi situated behind the INA market, New Delhi. In 1990, the respondent Authority gave eviction notice to the petitioner and the other residents as the land in question was allegedly encroached by the petitioner.

4. Thereafter, the petitioner filed a civil suit for declaration and consequential relief along with the damages. The said suit was opposed by the respondent Authority on the ground that the land in question was acquired by the respondent Authority from the Union of India vide notification dated 20th July, 1974.

5. At the time of admission of the said suit, the learned Trial Court had directed the parties to maintain status quo on the said land and the same was duly complied with by the parties till the date of final disposal of the said suit i.e., on 21st February, 2023.

6. Pursuant to the disposal of the suit in their favor, the respondent Authority carried out the demolition exercise on the said land on 2nd March, 2023, which falls within the limitation period of 30 days as prescribed for filing an appeal.

7. Aggrieved by the same, the petitioner preferred a writ petition bearing no. 10739/2023 seeking restoration of the status quo ante with respect to the above said land. In the said writ petition, the predecessor bench of this Court Signature Not Verified Digitally Signed CONT.CAS(C) 1555/2023 Page 2 of 13 vide order dated 14th August, 2023 directed the respondent Authority to file an affidavit by bringing on record the facts relevant to the case.

8. Due to non-compliance with the above said order, the petitioner preferred an application seeking compliance with the order dated 14th August, 2023. During the disposal of the said application, the predecessor bench, while issuing notice, directed the respondent Authority to place the necessary documents on record within a two weeks time period and the matter was listed for hearing thereafter.

9. Aggrieved by the non-compliance with the said orders, the petitioner has preferred the present contempt petition against the respondent Authority. 10. The learned counsel appearing on behalf of the petitioner submits that the non-compliance with the orders passed by the Court on previous occasions demonstrate willful disobedience, therefore, making the respondent Authority liable for contempt under Section 12 of the Act.

11. It is submitted that the said willful disobedience can be clearly established by the fact that the respondent Authority did not give any plausible explanation for non-compliance with the order dated 14th August, 2023, in the subsequent proceedings despite clear instructions from this Court.

12. It is submitted that the said inaction by the respondent Authority satisfies the necessary ingredients required to be met for successful adjudication of the contempt petition.

13. It is further submitted that ‘right to