Delhi High Court - Orders
Dr A K Bhalla vs Varsha Joshi & Anr on 20 March, 2026
Author: Amit Sharma
Bench: Amit Sharma
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 711/2019 & CM APPL. 686/2020(Direction),
CM APPL. 6744/2020(Add.Facts)
DR A K BHALLA .....Petitioner
Through: Mr. Gurpratap Singh, Adv.
versus
VARSHA JOSHI & ANR .....Respondents
Through: Ms. Arti Bansal, ASC for MCD
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 20.03.2026
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. To call for and examine the records of the case bearing no. W.P.(C) No. 4960/2017. titled as ''Anil Kumar Bhalla vs. Municipal Commissioner of Delhi (South) And Ors", disposed off by the Court of HMJ Rekha Palli. High Court of Delhi. New Delhi, vide order dated 16.01.2019 as the same is expedient and necessary to decide the present Contempt Petition;
b. to allow the present petition and initiate contempt proceedings under section 10.11 and 12 of Contempt Of Courts act. 1971, against the Respondent no. 1&2 for not abiding by order dated 16.01.2019 passed by the Court of HMJ Rekha Palli. High Court of Delhi. New Delhi and consequent directions issued thereof in the above mentioned case, particularly in light of fact Respondent no.l and no.2 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 20/03/2026 at 22:42:21 have failed to perform their statutory duty, in the interest of justice, otherwise grave and irreparable loss would be caused to the Petitionerand neighboring residents;
c. And/or lo pass to any other order as this Hon'ble Court may deems fit and proper in the interest of justice."
3. Vide order dated 16.01.2019 in W.P.(C) 4960/2017, the learned Single Judge of this Court had passed the following directions:-
"5. Accordingly, the writ petition is disposed of with a direction to the respondent no.l &no.2 to take all appropriate actions including the demolition action in accordance with law within a period of 12 weeks.
6. Needless to say, in case, the requisite action is not taken by the respondents within six months, it will be open for the petitioner to take legal recourse as permissible under law."
4. During the pendency of the present proceedings, status report dated 08.03.2023, in pursuance of order dated 16.02.2023 passed by learned Predecessor Bench of this Court, has been placed on record wherein, it has been stated as under:-
"6. That on 16/01 /2020, answering respondent carried out demolition action at subject property. During said program, the answering respondent carried out demolition action at third floor and rendered the same uninhabitable. Photographs showing the demolition of structure at third floor are annexed herewith as Annexure-C (Colly). Pursuant to said sealing action, the answering respondent issued letter bearing No. D/09/AE(B)-V/CNZ/2020 dated 20/0112020 to SHOIPS- Hazrat Nizmuddin for watch and ward on the subject property so that owner may not able to restore the demolished structures. Copy of watch & ward letter IS annexed herewith as Annexure-D.
7. That on 29/0112020, the Hon'ble Appellate Tribunal vide order dated 29/01 /2020 quashed the demolition order passed in respect of subject property and remanded the case for fresh order after granting personal hearing to the owner/appellant. The concerned quasi-judicial 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 20/03/2026 at 22:42:21 authority (Assistant Engineer) at that point of time though took up the matter for personal hearing yet did not conclude the demolition proceedings, which remained undecided till 15/03/2023. The current concerned quasi-judicial authority (Assistant Engineer) passed speaking order bearing No. 601 /AE(B)-V/CNZ/2023 dated 15/03/2023 after granting fresh hearing to the appellant/owner. As per speaking order, during personal hearings, the owner claimed that existing structure of the subject property is very old and protected under the Special Law. Presently "The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2020" is in force. It lays down that status quo as on 08/02/2007 in respect of unauthorized developments in plotted development shall be maintained till 31112/2023 and all notices issued by any local authority for initiating action against protected encroachment or unauthorized development shall be deemed to have been suspended and no punitive shall be taken till the 31st Day of December, 2023 8. That as per speaking order, the extent of existing structure is similar to what it had recorded 1 reported in the property tax return of year 2005-06. The quasi judicial authority passed demolition order. However, in view of given provision of Special Act, kept the execution of demolition order suspended during moratorium period i.e. 31112/2023 (If not extended further).Copy of speaking order bearing No. 601lAE(B)-V/CNZ/2023 dated 15/0312023 IS annexed herewith as Annexure-E.
9. That since there was inordinate delay on the part of concerned quasi-judicial authority (AE) who did not conclude the demolition proceeding, a show cause notice has been served upon him for his explanation. Copy of show cause notice bearing No.D/446/EE(B)- VCNZ/2023 dated 14/03/2023 is annexed herewith as Annexure-F. In pursuance of order dated 16/02/2023, the facts of the case were brought to the notice of Commissioner, MCD, who agreed with the action initiated against the concerned quasi-judicial authority (AE). Copy of report duly seen by the Commissioner, MCD is annexed herewith as Annexure-G."
5. Learned counsel for the respondent submits that the moratorium period has now been extended till 31.12.2026.
6. In these circumstances, the petition is disposed of with liberty to the 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 20/03/2026 at 22:42:21 petitioner to initiate appropriate proceedings with respect to the aforesaid speaking order passed by the competent authority as available in law before the Court of competent jurisdiction/appropriate forum.
7. Needless to that, in case, the moratorium is not extended any further, the MCD shall take appropriate steps in accordance with law.
AMIT SHARMA, J MARCH 20, 2026/nk 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 20/03/2026 at 22:42:21