$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 7/2024 OM PARKASH .....Petitioner Through: Mr. Amit Kumar, Adv. along with Petitioner in-person.

versus SH GYANESH BHARTI & ORS. .....Respondents Through: Mr. Tushar Sannu, SC for MCD with Ms. Ankita Bhadouriya, Mr. Abhinav Jha, Advs.

D.C. Dilkhush Meena, in-person, through VC.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 10.12.2025

1. This hearing has been done through hybrid mode.

2. The present petition under Section 12(3) of the Contempt of Courts Act, 1971 seeks the following prayers: -

“A. Pass a contempt order to Initiate contempt proceedings against the Respondents/Contemnors Sh Gyanesh Bharti Commissioner Municipal Corporation of Delhi, Sh. Aquil Ahmed SZ/Executive Engineer (B-II), Municipal Corporation of Delhi , Sh. B.S Gupta SZ/Executive Engineer (B-II), Municipal Corporation of Delhi in lieu of the willful and deliberate disobedience the specific and unambiguous directions passed by this Hon'ble Court vide its Order dated 22.03.2023 in Writ Petition Civil No. 3620/2023; and B. Pass a contempt order to initiate and investigation against the respondents/contemnors for their mal-functioning and not obeying the directions passed by this Hon'ble Court in aforesaid writ petition Order dated 22.03.2023 in Writ Petition Civil No.

3620/2023.”

3. Vide order dated 22.03.2023 passed in W.P.(C) 3620/2023, learned Single Judge of this Court had passed the following directions: -

“4. Learned counsel for the petitioner submits that the petitioner has claimed himself to be a public-spirited person and has stated in the petition that the same is filed.in the public interest as he is not personally aggrieved by the construction in any manner. Be that as it may, learned counsel for the MCD, on instructions, further submits that the construction in the subject property was booked on 10.02.2023 whereafter the demolition order was passed on 03.03.2023. He further submits that the demolition action would be carried out expeditiously and in accordance with law.

5. In view of the above, the present petition is disposed of alongwith the pending application with a direction that the needful action be taken expeditiously preferably within a period of four months from today.”

4. Subsequently, a contempt case was initiated by the present petitioner being CONT. CAS(C) no. 1280/2023, which was disposed of by the learned Single Judge of this Court vide order dated 05.09.2023 with the following observations: -

“2. Mr. Dutta, learned Standing Counsel states that the demolition action has been taken on 2 earlier occasions and is also slated for

15.09.2023.

3. In this view of the matter, there is no intentional and mala fide violation of the order 22.03.2023 and the respondent is carrying out the directions contained in the said order.

4. Binding the respondent to the statement made by Mr. Dutta, learned Standing Counsel, the present contempt petition is disposed of.”

5. Vide order dated 16.10.2025, this Court had directed MCD to file an updated status report on account of certain allegations made on behalf of the petitioner.

6. Deputy Commissioner, MCD, Mr. Dilkhush Meena, is present before the Court today, through Video Conferencing.

7. Learned counsel appearing on behalf of the MCD has handed up in Court today a status report dated 08.12.2025 along with certain photographs of the demolition action, authored by Mr. Sanjeev Kumar, Executive Engineer (Bld.)-II of South Zone, MCD, Green Park New Delhi. The relevant portion of the status report, post the aforesaid order dated 16.10.2025, reads as under:

-