$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1329/2024 RAJENDER SINGH .....Petitioner Through: None.

versus EXECUTIVE ENGINEER & ANR. .....Respondents Through: Mr. Siddharth Gupta, SC for MCD.

R-1 to 6.

Ms. Vaishali Gupta, Panel Counsel (Civil), GNCTD.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 18.12.2025

1. This hearing has been done through hybrid mode.

2. The present petition under Sections 10, 11 and 12 of the Contempt of Courts Act, 1971 read with Section 151 of the CPC seeks the following prayers: -

“A. Kindy allowed present contempt petition and allowed to serve summons in the present case upon the Respondent to appear in person and answer the charge against the Respondent.

B. The Respondent be punished in accordance with the provisions of section 10 and 12 of the Contempt of Courts Act, as respondent had wilfully disobeyed the order dated 20.02.24.

C. Call the record of the W.P (C) No.14132, titled as Rajender singh vs Municipal Corporation of Delhi.

D. Cost may also be awarded in favour of the Petitioner and against the Respondent;

E. Pass any other order as this Hon'ble court considers fit and proper.”

3. Vide order dated 20.02.2024 passed in W.P.(C) 14132/2023, learned Single Judge of this Court passed the following directions: -

“8. The concerned Executive Engineer is directed to expeditiously consider the request of the petitioner for de-sealing of the aforesaid property and pass requisite order/s within a period of two weeks from the date of the receipt of the request in this regard, as already undertaken by the learned counsel for the respondent/MCD.”

4. In pursuance of the order dated 04.09.2024 passed by learned Predecessor Bench of this Court, a status report dated 05.10.2024 has been filed on behalf of the MCD, wherein it has been recorded as under: -

“8. That further this Hon'ble Court vide its order dated 04/09/2024, passed in the instant Contempt Petition, has been pleased to direct mainly the following:-

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5. Anyhow, after some discussion, it is directed that let a copy of the letter dated 02.04.2024 be supplied to the learned counsel for the petitioner, and a reply thereof be filed with the contemnor. The petitioner along with their counsel shall appear before Mr. B.S. Gupta, Executive Engineer on 06.09.2024 at 11:30 AM for personal hearing.

6. It is expected that the contemnor shall hear the petitioner with an open mind, in a fair and professional manner and take appropriate decision in accordance with law.

7. A Compliance Report be filed before this Court within two weeks thereafter.

8. Re-notify on 11.12.2024."

9. That pursuant to aforesaid order of this Hon'ble Court, the hearing proceedings could not be conducted on 06/09/2024, in respect of property bearing No. 68, Part of Khasra No. 420/444-1- 3/544/1, Village Dera, New Delhi, as the petitioner Shri Rajender Singh was not present and nor any representative on his behalf was present. However, on contacting the counsel of the petitioner Shri Sanjeev Sehgal, it was informed that the hearing could not be attended due to sickness and requested for hearing on 09/09/2024. 10. That on granting the necessary hearing on 09/09/2024, the matter has been got examined in light of the submissions made by the petitioner I his counsel and following has been mainly held:

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Whereas the matter has been got examined. The record and documents of the office envisage that the property under reference stands booked on the ground of unauthorized construction for action under the DMC Act-1957 vide File No. 664/UC/B- 11/SZ/2021 dated 15.12.2021, in the shape of one room and raising columns and walls in the part of property.

After following due process of law, sealing order was passed by the competent authority, and the property was sealed on 16.06.2022. The demolition action was also taken thereafter on 22.12.2022, subsequent to which it was re-sealed. The very basis of initiation of proceedings under Section 343 and 345-A of the DMC Act-1957 was carrying out the unau