Delhi High Court - Orders
Gaurav Vashisht vs Sh. Gyanesh Bharti & Anr on 11 October, 2023
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~74
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 1480/2023
GAURAV VASHISHT ..... Petitioner
Through: Mr.R.K. Singh, Advocate with
petitioner in person.
versus
SH. GYANESH BHARTI & ANR. ..... Respondents
Through: Ms.Shweta Priya, Adv. for MCD.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 11.10.2023
1. This is a petition seeking initiation of contempt proceedings for violation and disobedience of the order dated 31.07.2023. As per the order, it was directed as under:-
"2. Learned counsel for the Municipal Corporation of Delhi, who appears on advance notice submits upon instructions from Mr. Pradeep Kumar, Assistant Engineer, MCD, who is present in Court that unauthorised construction has been found on the property in question and necessary action will be taken expeditiously. He states that the MCD proposes to issue a stop work notice and will take further action as may be necessary.
3. . . .
4. It is made clear that these submissions have been recorded without prejudice to the rights and contentions of the owners/occupants of the property in question including Mr. Yogendra Sharma, who has been arrayed as respondent No. 4. The rights and remedies of such persons are expressly reserved. The MCD is directed to take actions strictly in accordance with law and after compliance of all statutory formalities".
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2023 at 12:56:25
2. It is stated by Mr. Singh, learned counsel for the petitioner that the MCD has not taken any action despite the above order.
3. Issue notice.
4. Ms.Shweta Priya has handed-over a show cause notice under Section 343(1) of the Delhi Municipal Corporation Act, 1957 ("DMC Act") dated 27.07.2023 followed by another notice under Section 343 of the DMC Act dated 04.08.2023. She states that the MCD has already taken action by issuing these notices and further action in accordance with law will be taken expeditiously and not later than within four weeks from today.
5. Taking her statement on record and binding the respondents to same, the contempt petition is disposed of.
6. In case, the petitioner is aggrieved by any non-action on the part of the respondents, the petitioner is at liberty to revive the contempt petition.
JASMEET SINGH, J.
OCTOBER 11, 2023 neelam This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2023 at 12:56:25