$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 11.09.2023 + CONT.CAS(C) 559/2020, CM APPL. 45215/2022, CM APPL.

46492/2023 SHEFALI KHULLER AHUJA ..... Petitioner Through: Mr. M. Sufian Siddiqui, Advocate alongwith Mr. Rakesh Bhugra and Ms. Alya Veronica, Advocates versus DHARMENDRA & ANR. ..... Respondents Through: Mr. Tushar Sannu, ASC for NDMC Mr. Mukul Singh, CGSC for R-2/UOI Ms. Teena Srivastava, Ms. Vibha Mahajan, Advocate for Non-applicant CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

J U D G E M E N T

JASMEET SINGH, J (ORAL

1. This is a petition seeking initiation of contempt proceedings for violation of the order dated 24.01.2020 passed in W.P.(C) 914/2020.

2. The petitioner is an ex-employee of the Wonderland School and filed a PIL.

3. The Division Bench in paras 3 and 4 of the order dated 24.01.2020 recorded as under:

“3. Learned counsel for respondent no. 3 submitted that the petitioner is ex-employee of the respondent-school. After her dismissal, all wisdom has suddenly befallen the petitioner about the respondent-school having indulged in illegal activities, against which she has preferred this writ petition as a PIL.

Signature Not Verified Digitally Signed CONT.CAS(C) 559/2020 Page 1 of 5

4. The Government has sufficient machinery to deal with the issue pertaining to payment of license fee by the school in question. Therefore, without proper establishment of facts, we see no reason to give any direction in this regard to the respondent-Government Authorities. Moreover, in a writ petition, we cannot arrive at a final conclusion about non-payment of appropriate license fee to the Government or about a contract entered in between the respondent Government-Authorities and respondent no. 3 regarding allotment of land or about the so-called encroachment by the school on public land, all of which have been alleged by the petitioner. In our view, all these allegations are required to be established by cogent and convincing evidence before the Trial Court. The petitioner is always at liberty to initiate criminal prosecution at her own peril and risk, but, if the same is found to be malicious, the respondents can also initiate criminal prosecution against such malicious complaint. So far as allegations regarding violation of the Right of Children to Free and Compulsory Education Act, 2009 and non-holding of inspections and audits of the school are concerned, respondents shall ensure proper implementation of the Act and that inspections and audits are carried out by the concerned respondent- Government Authorities at the school in question. We expect from the respondent-Government Authorities that the audits which are necessary with respect to respondent no. 3 under the existing laws will be carried out and proper verification shall also be done.”

4. Mr. Sannu, learned counsel who appears on behalf of NDMC has drawn my attention to an additional affidavit dated 22.08.2023 and more particularly paras 4, 5 and 6 which read as under:

“4. That it is respectfully submitted that Wonderland School (which was arrayed as Respondent No. 3 in W.P. No. 914/2020) has deposited the following amounts up till now with Respondent No.

1/NDMC as per the License Agreement dated 29.06.2012:

a. Fixed License Fee (@ Rs. 6,00,000/- per annum w.e.f.

01.04.2013 to be increased 15% after every three years)

SI No.

Financial Year

Amount of Fixed License Fee due (In Rupees)

Amount Paid with interest of late payment (In Rupees)

Signature Not Verified Digitally Signed CONT.CAS(C) 559/2020 Page 2 of 5

1.	01-07-12 to 31.03.13	0	450000
2.	2013-14	600000	600000
3.	2014-15	600000	600000
4.	2015-16	600000	600000
5.	2016-17	690000	690000
6.	2017-18	690000	690000
7.	2018-19	690000	690000
8.	2019-20	793500	793500
9.	2020-21	793500	0
10.	2021-22	793500	0
11.	2022-23	912525	914807
12.	2023-24	912525	1695413
		8075550	7723720

b. Variable License Fee (35% of the annual gross receipt of the fee generated from operation and ma

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