$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1927/2025 SHUAIB HUSSAIN .....Petitioner Through: Ms. Ritika S, Adv. through Vc.

versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Siddhant Nath, SC for MCD with Mr. Bhavishya Makhija, Mr. Amaan Khan, Advs.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 18.12.2025

1. This hearing has been done through hybrid mode.

CM APPL. 80249/2025(exemption)

2. Allowed, subject to all just exceptions. This application is disposed of.

CONT.CAS(C) 1927/2025

3. The present petition under Chapter – 8, Part – B, of Delhi High Court Rules, and Sections 11 and 12 of the Contempt of Courts Act, 1971, read with Section 151 of the CPC, seeks the following prayers: -

“ It is, therefore, most humbly prayed that this Hon’ble Court may kindly be pleased to initiate contempt proceedings against the contemner by summoning them before this Hon’ble Court to and punish them for the contempt of this Honble Court in accordance with law for violating the order dated 22.09.2025, passed in W.P.

(C) No.14647/2025.

It is further prayed that in view of order dated 22.09.2025, passed in W.P. (C) No.14647/2025, the contemner may kindly be directed to remove the illegal and unauthorized construction in the subject property i.e. 1539, 1540, 1541, 1542, 1543 Suiwalan, Darya Ganj, New Delhi-110002.

Any other or further orders(s) which this Hon’ble court deem fit, just and proper under the facts and circumstances of the case, may also be passed in favour of the Petitioner and against the contemner.”

4. Vide order dated 22.09.2025 in W.P.(C) 14647/2025, the learned Single Judge of this Court, had passed the following directions: -

“6. Considering the submissions made before this Court, the MCD is held bound to take action against the unauthorized construction being carried out in the property in question, in accordance with law. August, 2025, has already been issued to the Station House Officer (“SHO”), Police Station, Chandni Mahal.

7. In case, of any further on-going construction in the property in question, the same shall be stopped forthwith by the concerned officials of the MCD, duly assisted by the Local Police.

8. In case the petitioner is aggrieved by any non-action on the part of the MCD, the petitioner shall be at liberty to approach the Special Task Force (“STF”) as constituted by the Supreme Court, in terms of the orders passed by the Division Bench of this Court in the case of Devender Versus Govt. of NCT of Delhi and Ors. and other connected matters in W.P.(C) 1807/2018 and Fazruddin Versus DDA and Ors., in W.P.(C) 4649/2017.

9. In case, the owner/occupier of the property in question is aggrieved by any action undertaken by the MCD, their right to seek their remedies, in accordance with law, is reserved.”

5. Learned counsel appearing on behalf of the petitioner submits that subsequent to passing of the aforesaid order, further construction has been on- going on the subject property, without any action being taken by the MCD. It is further pointed out that a complaint had also been filed with the STF;

however, no action has been taken.

6. Issue notice.

7. Learned counsel appearing on behalf of the respondent/MCD accepts notice.

8. Let a compliance affidavit be filed by respondent/MCD before the next date of hearing.

9. In case of non-compliance, the concerned Executive Engineer shall remain present before this Court on the next date of hearing.

10. Needless to state, upon a requisition made by the MCD, the concerned SHO shall provide assistance in accordance with law.

11. Issue notice to the SHO, P.S., Chandani Mahal, through the DCP concerned, returnable on 12.03.2026.

12. Let a status report be filed by SHO, P.S., Chandani Mahal, before the next date of hearing.

13. List on 12.03.2026.

AMIT SHARMA, J DECEMBER 18, 2025/kr/db