$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1602/2023 HARISH CHANDER KHURANA@

HARISH KHURANA .....Petitioner Through: Mr. Ashish Chauhan, Advocate.

versus MUNICIPAL CORPORATION OF DELHI & ORS......Respondents Through: Mr. Vikas Chopra, Adv. for MCD along with EE, Sunil Mudgil.

Mr. Abhinav Singh, Adv. for R-4.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 26.11.2025

1. This hearing has been done through hybrid mode.

2. The present petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 seeks the following prayers: -

“i. Initiate contempt proceeding against the alleged contemnor for willfully and deliberately disobeying the judgment/ order dated 09.11.2022 of this Hon'ble Court passed in the WP(C) No. 15337/2022 titled as "Harish Chander Khurana@ Harish Khurana versus Municipal Corporation of Delhi & Ors."; and ii. Direct the Respondent No. l to 4 to demolish the illegal construction carried by the Respondent No.5 in contravention to the order/ judgment dated 09.11.2022 passed by this Hon'ble Court in the WP(C) No. 15337/2022 titled as "Barish Chander Khurana @ Harish Khurana versus Municipal Corporation of Delhi &

Ors.";and Pass any other order as this Hon'ble Court deems fit and proper in view of the said facts and circumstances.”

3. Vide order dated 09.11.2022, learned Single Judge while disposing of the W.P.(C) 15337/2022 passed the following directions:-

“7. Keeping in view the submissions made on behalf of respondent Nos. 1 and 2-4 as well as the undertaking given on behalf of respondent No.5, the present petition is disposed of with a direction to respondent No.1 to carry out necessary requisite action against the subject premises expeditiously in accordance with law. Pending application, if any, is disposed of as infructuous.”

4. During the pendency of the present petition, status report dated 07.05.2025 was filed on behalf of the MCD, wherein, it has been stated as under: -

“8. That as per record, the subject property i.e. bearing No. Block- A and C, Shri Sai Kunj, Near D-11, Vasant Kunj, New Delhi has been identified as property bearing No. CN-17, Block-C, Sai Kunj, Vasant Kunj, New Delhi. The status of the actions as already initiated / taken in respect of this property is entailed herein below:

i) As per record, the subject property is already stands booked for unauthorized construction vide file No. 380/UC/B- 1/8Z/2021 dated 31/08/2021 in the shape of Second floor (Part) (Stilt, Ground floor and First floor old & occupied) and further booked vide U/c file No. 610/UC/B-11/SZ/2022 dated 19/10/2022 in the shape of Second floor and Third floor in continuation of earlier Booking No. 380/UC/B- 11/8Z/2021 dated 31/08/2021, for taking necessary demolition action u/s 343/344 of DMC Act. Upon following due process of law, the necessary demolition orders also stands passed by the Competent Authority i.e. the AE (BIdg)-I1 of South Zone vide dated 08/09/2021 and 02/11/2022 respectively. Copy of demolition orders are annexed herewith as Annexure —-A (

Colly).

ii) Furthermore, letters dated 16/09/2021, 04/11/2022 and 14/11/2022 u/s 344 (2) of the DMC Act, have also been sent to SHO, PS. Vasant Kunj (South), New Delhi with the request that the unauthorized construction in respect of the subject property be stopped immediately and workmen present at site / property be removed and construction material including the tools, machinery, etc. be seized. Copy of letters as sent in this regard are annexed herewith as Annexure —B ( Colly).

iii) Beside this, letters dated 20/09/2021 and 14/11/2022 have also been sent to concerned authorities i.e. BSES and Delhi Jal Board for disconnection of their electricity and water supply from the subject property. Copy of the said letters are also annexed herewith as Annexure-C (Colly).

iv) Similarly, letters dated 20/09/2021 and 14/11/2022 have also been sent to the Sub- Registrar with the request not to register the subject property under the Indian Registration Act, 1908. Copy of th