HABIB AHMAD vs THE COMMISSIONER MCD AND ORS

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:10th January, 2025 + CONT.CAS(C) 1851/2023 & CM APPL. 34197/2024 HABIB AHMAD .....Petitioner Through: Mr. A.K. Dey, Advocate along with petitioner. versus THE COMMISSIONER MCD AND ORS .....Respondent Through: Mr. Kapil Dutta and Mr. Vansh Luthra, Advocates for R-1/MCD. Ms. Juhi Arora, Advocate for R-6 & 9. Insp. Puneet Bharti, SI Satyapreet, P.S. Kalindi Kunj. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner seeks initiation of contempt proceedings against respondents for wilful disobedience of the directions contained in order dated 03.05.2023 passed by Coordinate Bench of this Court in W.P.(C) 15160/2022. 2. The petitioner therein had raised grievance with respect to the unauthorized construction and encroachment of Government land i.e. Plot No. 516, Khasra No. 631 Block-E, Khadda Colony, Near Umar Masjid, Jaitpur Extension Part-II, New Delhi. 3. A status report was taken from MCD and thereafter the above said writ petition was disposed of while observing as under:- “3. In view of the above, it is directed that no coercive action be taken against the subject property by the Corporation/respondent Nos. 1 to 3 Signature Not Verified Digitally Signed CONT.CAS(C) 1851/2023 1 By:SONIA THAPLIYAL Signing Date:13.01.2025 19:06:20 for a period of four weeks from today to enable respondent No. 6 to approach ATMCD by way of an appeal. It is made clear that continuation of interim protection thereafter shall be subject to orders of the ATMCD in an appeal filed, if any. 4. Needless to state that Corporation/respondent Nos. 1 to 3 shall take the requisite action against the unauthorised construction which shall be subject to outcome of the appeal to be filed by the respondent No. 6 before the