Contempt proceedings upheld as court mandates compliance with prior order regarding property maintenance.

O R D E R

% 11.09.2025

1. This hearing has been done through hybrid mode.

2. The present petition was disposed of by learned Predecessor Bench of this Court vide order dated 04.07.2023 by observing as under:-

“1. This is a petition seeking initiation of contempt proceedings against the respondents for violation of the order dated 24.09.2021 passed in WP(C) 10849/2021. As per the order, the respondents were directed to ensure that the Mandir as shown in the lay-out plan is maintained and no encroachment by any miscreant is permitted on the same.

2. Mr. Sannu, learned standing counsel appearing for the respondent No.2 and Mr. Rishikesh Kumar, learned counsel appearing for the respondent Nos. 1, 3 and 4 state that they have ensured that the Mandir is being maintained and there is no encroachment of any kind happening.

3. Binding the respondents to their statement, the contempt petition is disposed of.

4. Mr. Sannu, learned standing counsel and Mr. Rishikesh Kumar, learned counsel shall examine the feasibility of maintaining the area around the Mandir as a park/ green area and if possible, will do the same before the next date of hearing.

5. Mr. Vikrant, learned counsel states that his client is the owner of the area.

6. This Court is not adjudicating the title of the client of Mr. Vikrant.

7. With these directions, the petition is disposed of. However, the respondent shall file the status report within 12 weeks from today.”

3. Today, learned counsel appearing on behalf of MCD has handed up in Court today status report dated 10.09.2025 authored by Bhushan Kumar, EE(B)-1, Central Zone, MCD and the same is taken on record. In the said status report, it has been recorded as under: -

“2.That, pursuant to aforesaid directions, so as to ascertain factual position about subject property, site has been inspected by the concerned field staff on 09.09.2025. During inspection, neither any construction activity nor any building material has been found stacked at site. At the time of inspection, it has been observed that the property is lying in the same condition, as that of last inspection. Photographs showing the present status of the property are annexed herewith as Annexure: A (Colly).

3. That, this answering respondent is maintaining strict surveillance over the subject plot/ land and necessary action under the provisions of the DMC Act shall be initiated against the property as and when any unauthorized construction comes to the notice of the department.”

4. In view of the above, no further directions are called for in the present petition.